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SUPPLEMENT 
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TREADWELL’S 


CONSTITUTION OF CALIFORNIA 


ConTAINING CITATIONS FROM VoLuMES 133 To 148 oF 
CALIFORNIA ReEpoRTS, AND AMENDMENTS 


ApopreD Novemser 4, 1902, anp 
NovEMBER 8, 1904 


SAN FRANCISCO 
BANCROQFT-WHITNEY COMPANY 


LAW PUBLISHES AND LAW BOOKSELLERS 


1905 








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SUPPLEMENT TO TREADWELL’S CON- 
STITUTION OF CALIFORNIA. 


Article I, Section 1. 


An act making it unlawful to buy or sell quail is 
-not in violation of this section. (Ex parte Kenneke, 
136 Cal. 527, 69 Pac. 261.) 

A statute declaring that all contracts for the con- 
struction of buildings, with certain exceptions, must 
provide for the payment of the contract price in 
money, is in violation of this section. (Stimson M. 
Co. v. Braun, 136 Cal. 122, 68 Pac. 481.) 

The right of property antedates all constitutions. 
This right is invaded if the owner is not at liberty 
to contract with others respecting the use to which he 
may subject his property, or the manner in which he 
may enjoy it. (Stimson M. Co. v. Braun, 136 Cal. 
122, 68 Pac. 481.) 


26 BAGS JACKSON 


4 


Article I, Section 5. 
The writ of habeas corpus will not issue when the 


restraint is not real, but merely nominal and permis- 
o<sive. (In re Gow, 139 Cal. 242.) 


QS Brticle I, Section 7. 


Section 1192 of the Penal Code, conferring upon 
the court the power to determine the degree of a 
crime upon a plea of guilty, is not unconstitutional 


| as infringing upon the right of trial by jury. (Peo- 


1963: )9os7 


le v. Chen Lan Ong, 141 Cal. 550.) 

The power of the court to grant a new trial for 
~ insufficiency of the evidence, or for excessive dam- 
gi 28¢8, does not violate the right of trial by jury. 

(Ingraham v. Weidler, 139 Cal. 588.) 


h Article I, Section 9. 
It is proper for the court to inform the jury as to 
7? the rules of evidence, and the law applicable to the 
(3) 


4 - in 3 


7 / 24734 Sf 
SIAL 


4 SUPPLEMENT TO 


case, and to tell them that they should go contrary 
to the instructions of the court only when they have 
a deep and confident conviction that the court is 
wrong, and that they are right. (People v. Seeley, 
139 Cal. 118.) 


Article I, Section 11. 


A statute providing that all county printing must 
be let to persons who have been established in busi- 
ness in the county for more than one year is in vio- 
lation of this provision. (Van Harlingen v. Doyle, 
134 Cal. 53, 66 Pac. 44.) ; 

An act making it unlawful to buy or sell quail is 
not in violation of this section. (Ex parte Kenneke, 
136 Cal, 527, 69 Pac. 261.) 

The case of Abeel v. Clark, 84 Cal. 226, approved 
as to the constitutionality of an ‘‘act to encourage 
and provide for general vaccination in the state of 
California.’’ (French v. Davidson, 143 Cal. 659.) 

The act regulating the practice of medicine and 
surgery does not violate this section. (Ex parte 
Gerino, 143 Cal. 412.) 

A law is uniform in its operation if it applies alike 
+> ail persons or objects within the elass to which it 
relates. (Ruperich v. Bachr, 142 Cal. 190.) 

An act providing that in divorce suits the final de- 
cree shall not be entered until the expiration of one 
year from the filing of the decision, is valid. (Deyoe 
v. Superior Court, 140 Cal. 476.) 

The provision of section 1373 of the Political Code, 
making the county in which the indictment was 
found chargeable with the support of insane crimi- 
nals, is not in violation of this section. (Napa State 
Hospital v. Yuba County, 138 Cal. 378.) 

As to the uniform operation of the County Gov- 
ernment Act, which goes into effect at different times 
as to different counties, see Freman y. Marshall, 137 
Cal. 159. 

The provision of section 1197 of the Political Code 
forbidding the name of a nominee to be placed upon 
the ballot more than once, is in violation of this sec- 
tion. (Murphy v. Curry, 137 Cal. 479.) 

The act providing for the application of the sal- 
aries of public officers to the payment of their debts 


- 


TREADWELL’S CONSTITUTION OF CALIFORNIA. oO. 


is not unconstitutional because not uniform in its op- 
eration. (Ruperich v. Baehr, 142 Cal. 190.) 


Article I, Section 13. 

An accused person held in custody an unreasonable 
length of time without trial will be discharged upon 
habeas corpus. (In re Begerow, 133 Cal. 349, 65 Pac. 
828.) . 

Where the court is prohibited from pronouncing 
judgment upon the defendant because the indictment 
is invalid, jeopardy does not attach. (People v. Ter- 
rill, 133 Cal. 120, 65 Pac. 303.) 

A law authorizing the commitment of a person to 
an insane asylum without notice is void. (Matter of 
Lambert, 134 Cal, 626, 66 Pac, 851.) < 

A vested right in a pension fund is property within 
the meaning of this provision. (Kavanagh v. Board 
of Police P. I*. Commrs., 134 Cal. 50, 66 Pac. 36.) 

The shortness of the period of constructive notice 
to nonresident ‘heirs of the probate of a will does not 
deprive them of due process of law, since they are 
allowed to contest the will within a year after pro- 
bate. (Estate of Davis, 136 Cal. 590, 69 Pac. 412.) 

An ex parte order for alimony is void. (Baker y. 
Baker, 136 Cal. 302, 68 Pac. 971.) 

The so-called front foot method of assessment is 
valid. (San Francisco Pav. Co. v. Bates, 134 Cal. 39, 
66 Pac. 2; Chapman v. Ames, 135 Cal. 246, 67 Pac. 
1125; Belser v. Allman, 134 Cal. 399, 66 Pac. 492; 
Reid v. Ciay, 134 Cal. 207, 66 Pac. 262; Alameda v. 
Cohen, 133 Cal. 5, 65 Pac. 127; German Sav. etc. Soc. 
v. Ramish, 138 Cal. 120.) 

A conviction for petit larceny committed in con- 
nection with a burglary is not a bar to a prosecution 
for burglary. (People v. Devlin, 143 Cal. 128.) 

The faet that the street bond act does not in terms 
give a lienholder an opportunity to object, does not 
render it unconstitutional. (German Sav. ete. Soc. v. 
Ramish, 138 Cal. 120.) 


Article I, Section 14. 

The fact that a road is called a private road does 
not prevent the condemnation of land therefor. 
(County of Madera v. Raymond G. Co., 139 Cal, 128.) 


6 SUPPLEMENT TO 


The street bond act, authorizing the imposition of 
a charge upon property for ten years is not invalid, 
as taking private property for public use. (German 
Sav. ete. Soc. v. Ramish, 138 Cal. 120.) 

Section 1254 of the Code of Civil Procedure, pro- 
viding that the plaintiff in an action of eminent domain 
may enter into possession without first making com- 
pensation, is in violation of this section. (Steinhart 
v. Superior Court, 137 Cal. 575; Beveridge v. Lewis, 
137 Cal, 619.) 


Article I, Section 15. 

To punish a person by imprisonment for failure to 
pay a debt to a receiver is in violation of this pro- 
vision. (Knutte v. Superior Court, 134 Cal. 660, 66 Pac. 
875.) 


Article I, Section 21. 

A statute providing that all county printing must 
be let to persons who have been established in busi- 
ness in the county for more than one year is in viola- 
tion of this section. (Van Harlingen y. Doyle, 134 
Cal. 53, 66 Pac, 44.) 

The act regulating the practice of medicine and 
surgery does not violate this section. (Ex parte ~ 
Gerino, 143 Cal. 412.) 

An act applying uniformly to all cities of a par- 
ticular class is not in violation of this section. (Ex 
parte Jackson, 143 Cal. 564.) 

The provision of section 1197 of the Political Code, 
forbidding the name of a nominee to be placed upon 
the ballot more than once, is in violation of this seec- 
tion. (Murphy v. Curry, 137 Cal, 479.) 


Article II, Section 6. 

Sec. 6. The inhibitions of this Constitution 
to the contrary notwithstanding, the legislature 
shall have power to provide that in different 
parts of the state different methods may be em- 
ployed for receiving and registering the will of 


TREADWELL’S CONSTITUTION OF CALIFORNIA. ie 


the people as expressed at elections, and may > 
provide that mechanical devices may be used 
within designated subdivisions of the state at the 
option of the local authority indicated by the 
legislature for that purpose. (Amendment 
adopted November 4, 1902.) 


Article TIT, Section 1. 


The legislature may invest judicial officers with 
power to punish for contempt. (Crocker v. Conrey, 140 
Cal, 213.) 

The legislature cannot invest ministerial officers 
with the power to punish individuals by fine and 
imprisonment. (Burns v. Superior Court, 140 Cal. 1.) 

The power to remove a public officer for cause is 
not judicial in its character. (Matter of Carter, 141 
Cal. 316.) 


Article IV, Section 1. 

An act authorizing a commissioner to require fac- 
tories and workshops to provide mechanical contri- 
vances to prevent the inhaling of dust, filaments and 
gases, when it appears to him that it can be to a 
great extent prevented by such contrivances, is an 
unlawful delegation of legislative functions. (Schaez- 
lein v. Cabaniss, 135 Cal. 466, 67 Pac. 755.) 


Article IV, Section 24. 


An act entitled ‘‘An act to establish a uniform 
system of county and township governments’’ cannot: 
provide for the salaries of. official reporters of the 
superior courts, (Pratt v. Browne, 135 Cal. 649, 67 
Pac. 1082.) 

The provision of an act entitled ‘An act creating 
a board of commissioners of building and loan asso- 
ciations, and prescribing their duties and powers,’’ 
as to withdrawals is not expressed in the title of the 
act. (Provident etc. Assn. v. Davis, 143 Cal. 253.) 

It is a sufficient compliance with this provision to 
republish the section of the act amended. (Estate of 
Campbell, 143 Cal, 623.) 


8 SUPPLEMENT TO 


The act of April 9, 1880, amending one hundred and 
eight sections of the Penal Code, repealing ten sec- 
tions, and adding a new section thereto, is not a 
revision of the entire code, requiring a republication 
thereof, (Peonle v. Oates, 142 Cal. 12.) 

An act entitled an act to amend a particular sec- 
tion of one of the codes sufficiently states the sub- 
ject of the act. (People v. Oates, 142 Cal. 12.) 

An.act purporting in its title to deal with publica- 
tions by certain public officers cannot in the body of 
the act provide for other classes of publications. 
(Estate of Melone, 141 Cal. 331.) 

The fact that an act does not deal with the matter 
of crimes and punishments does not prevent it from 
being in the form of an amendment to the Penal Code, 
if its title shows its subject matter. (County of Butte 
v. Merrill, 141 Cal. 396.) 

An act entitled ‘‘An act to establish a tax on col- 
lateral inheritances, bequests, and devises’’ cannot 
impose such a tax on direct kindred. (Estate of 
Winchester, 140 Cal. 468.) 

An act entitled an act to add a new section to 3, 
named code relating to a named subject is sufficient 
to embrace all matters relating to such subject. 
(Devoc v. Supericr Court, 140 Cal. 476.) 

The case of Abeel v. Clark, 84 Cal. 226, approved 
as to the constitutionality of an ‘‘Act to encourage 
and provide for general vaccination in the state of 
California.’’ (French v. Davidson, 143 Cal. 659.) 

The fact that an act adds certain sections which 
relate to procedure to the Civil Code, instead of the 
Code of Civil Procedure, does not make it invalid. 
(Deyoe v. Superior Court, 140 Cal. 476.) 

As to whether an act is an amendment or a re- 
vision of another act, see Beach v. Von Detten, 139 
Cal. 462. 

The preservation of fish and game is a single sub- 
ject of legislation. (Ah King y. Police Court, 139 
Cal. 718:) 

Subject of act held to be within title. (Jackson 
v. Baehr, 138 Cal. 266.) 

The provision of the act regulating the practice of 
medicine and surgery, that the board of examiners 
shall be elected by various medical societies does not 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 9 


grant any special right, privilege, or immunity to 
Such societies. (Ex parte Gerino, 143 Cal. 412.) 


Article IV, Section 25. 


A law requiring insane persons in state institutions 
_ to be supported out of their own estates is not in vio- 
lation of this section. (Estate of Yturburru, 134 Cal. 
567, 66 Pace. 729.) 

An act relating to license taxes in cities of a par- 
ticular class is not a special law. (Ex parte Jack- 
son, 143 Cal. 564.) 

The collateral inheritance tax act is not unconstitu- 
tional because it taxes brothers and sisters, and ex- 
empts the wife of a son, the widow of a son, and the 
husband of a daughter, ‘the classification being based 
on a natural distinction. (Estate of Campbell, 143 
Cal. 623.) 

An act providing that in divorce suits the final de- 
eree shall not be entered until the expiration of one 
year from the filing of the decision, ig valid. (Deyoe 
v. Superior Court, 140 Cal. 476.) 

The case of Abeel v. Clark, 84 Cal. 226, approved 
as to the constitutionality of an ‘‘Act to encourage 
and provide for general vaccination in the state of 
California.’’ (French v. Davidson, 143 Cal. 659.) 

The act providing for the application of the sal- 
aries of public officers to the payment of their debts 
is not a special law because it creates a distinct class 
of debtors and provides a special method of reaching 
such salaries. (Ruperich v. Baehr, 142 Cal. 190.) 

A law is not special if it relates to a class, and the 
eless is founded upon intrinsic differences, requiring or 
re2sonably justifying different regulations. (Rupe- 
rich v. Baehr, 142 Cal. 190.) 

As to when an entire act will not be affected by 
the fact that one provision thereof is special, see 
Davidson v. Von Detten, 139 Cal. 467. 

Section 1143 of the Penal Code relating to fees of 
jurors in criminal actions is not a special law. (Jack- 
son v. Baehr, 138 Cal. 266.) 

The provision of section 1373 of the Political Code, 
making the county in which the indictment was found 
chargeable with. the support of insane Criminals, is 


10 SUPPLEMENT TO 


not a special law. (Napa State Hospital v. Yuba 
County, 1388 Cal. 378.) 

The provision of section 1203 of the Code of Civil 
Procedure, requiring contractors for the erection of 
buildings to secure their contracts by bonds, is a 
special law. (Shaughnessy v. American Surety Co., 
138 Cal. 543.) 

The provisions of the Political Code in regard to 
road taxes are not in violation of this section, be- 
cause cities and towns are exempted from their opera- 
tion, since this does not exempt cities and towns from 
the ‘tax, but compels cities and towns to maintain 
their streets under the street improvement act. (Mil- 
ler v. County of Kern, 137 Cal. 516.) 


Article IV, Section 2514. 

Sec. 254. ‘The legislature may provide for the 
division of the state into fish and game districts, 
and may enact such laws for the protection of 
fish and game therein as it may deem appropriate 
to the respective districts. (Amendment adopted 
November 4, 1902.) 


Article IV, Section 31. 

The provision of the Political Code for the repay- 
ment to purchasers of swamp lands of the amounts 
which they had paid for their lands, being a part 
of the contract between them and the state, is not 
a gift of public money. (McCord v. Slavin, 143 Cal. 
325.) 

An act providing for the payment of fees to jurors 
for past services, where there was no previous liabil- 
ity therefor, is in violation of this section. (Powell 
v. Phelan, 138 Cal. 271.) 


Article IV, Section 32. 


The legislature cannot retroactively give an officer in- 
creased compensation over that fixed by law when his 
term commenced, by ratifying the payment of such 
increased compensation. (County of Butte v. Merrill, 
141 Cal, 396.) 


TREADWELL’S CONSTITUTION OF CALIFORNIA. eit 


Article IV, Section 36, 

Sec. 36. ‘The legislature shall have power to 
establish a system of state highways or to declare 
any road a state highway, and to pass all laws 
- necessary or proper to construct and maintain 
the same, and to extend aid for the construction 
and maintenance in whole or in part of any 
county highway. (Amendment adopted Novem- 
ber 4, 1902.) 


Article VI, Section 1. 

Sec. 1. The judicial power of the state shall 
be vested in the senate, sitting as a court of im- 
peachment, in a supreme court, district courts of 
appeal, superior courts, justices of the peace, and 
such inferior courts as the legislature may estab- 
lish in any incorporatéd city or town, or city and 
county. (Amendment adopted November 8, 
1904.) 


An act providing for a police judge necessarily pre- 
supposes a police court. (Ex parte Mauch, 134 Cal. 
500, 66 Pac. 734.) 

The legislature may provide that the city council 
shall be the final and exclusive judge of the election 
of all municipal officers. (Carter v. Superior Court, 
138 Cal. 150.) 

The legislature cannot invest ministerial officers 
with the power to punish individuals by fine and 
imprisonment. (Burns vy. Superior Court, 140 Cal. 1.) 

The legislature may invest judicial officers with 
power to punish for contempt. (Crocker vy. Conrey, 
140 Cal. 213.) 

The supreme court only has jurisdiction in probate 
proceedings as may be provided by law. (Estate of 
Cahill, 142 Cal. 628.) 


o 


12 SUPPLEMENT TO 


An action to foreclose a mechanic’s lien or to 
reach the fund in the hands of the owner, being an 
equitable action, is within the appellate jurisdiction 
of the supreme court. (Weldon vy. Superior Court, 138 
Cal. 427.) 


Article VI, Section 4, 
~ Sec. 4. The supreme court shall have appellate 


jurisdiction on appeal from the superior courts in 
all cases in equity, except such as arise in justices’ 
courts; also, in all cases at law which involve the 
title or possession of real estate, or the legality 
of any tax, impost, assessment, toll, or municipal 
fine, or in which the demand, exclusive of interest, 
or the value of the property in controversy, 
amounts to two thousand dollars; also, in all such 
probate matters as may be provided by law; also, 
on questions of law alone, in all criminal cases 
where judgment of death has been rendered; the 
said court shall also have appellate jurisdiction in 
all cases, matters, and proceedings pending before 
a district court of appeal which shall be ordered 
by the supreme court to be transferred to itself 
for hearing and decision, as hereinafter provided. 
The said court shall also have power to issue writs 
of mandamus, certiorari, prohibition, and habeas 
corpus, and all other writs necessary or proper to 
the complete exercise of its appellate jurisdiction. 
Each of the justices shall have power to issue 
writs of habeas corpus to any part of the state, 
upon petition by or on behalf of any person held 
in actual custody, and may make such writs re- 


TREADWELL ’S CONSTITUTION OF CALIFORNIA. 13 


turnable before himself or the supreme court, or 
before any district court of appeal, or before any 
judge thereof, or before any superior court in the 
state, or before any judge thereof. 

The state is hereby divided into three appellate 
districts, in each of which there shall be a district 
court of appeal consisting of three justices. The 
first district shall embrace the following counties: 
San Francisco, Marin, Contra Costa, Alameda, 
San Mateo, Santa Clara, Fresno, Santa Cruz, 
Monterey, and San Benito. 

The second district shall embrace the following 
counties: Tulare, Kings, San Luis Obispo, Kern, 
Inyo, Santa Barbara, Ventura, Los Angeles, San 
Bernardino, Orange, Riverside, and San Diego. 

The third district shall embrace the following 
counties: Del Norte, Siskiyou, Modoc, Humboldt, 
Trinity, Shasta, Lassen, Tehama, Plumas, Mendo- 
cino, Lake, Colusa, Glenn, Butte, Sierra, Sutter, 
Yuba, Nevada, Sonoma, Napa, Yolo, Placer, 
Solano, Sacramento, El Dorado, San Joaquin, 
Amador, Calaveras, Stanislaus, Mariposa, Madera, 
Merced, Tuolumne, Alpine, and Mono. 

The supreme court, by orders entered in its 
minutes, may from time to time remove one or 
more counties from one appellate district to an- 
other, but no county not contiguous to another 
county of a district shall be added to such district. 

Said district courts of appeal shall hold their 
regular sessions respectively at San Francisco, 


14 SUPPLEMENT TO 


Los Angeles, and Sacramento, and they shall al- 
ways be open for the transaction of business. 
The district courts of appeal shall have appellate 
jurisdiction on appeal from the superior courts in 
all cases at law in which the demand, exclusive of 
interest, or the value of the property in contro- 
versy, amounts to three hundred dollars, and does 
not amount to two thousand dollars; also, in all 
eases of forcible and unlawful entry and detainer 
(except such as arise in justices’ courts), in pro- 
ceedings in insolvency, and in actions to prevent 
or abate a nuisance; in proceedings of mandamus, 
certiorari, and prohibition, usurpation of office, 
contesting elections and eminent domain, and in | 
such other special proceedings as may be provided 
by law (excepting cases in which appellate juris- 
diction is given to the supreme court); also, on 
questions of law alone, in all criminal cases prose- 
cuted by indictment or information in a court of 
record, excepting criminal cases where judgment 
of death has been rendered. The said courts 
shall also have appellate jurisdiction in all cases, 
matters, and proceedings pending before the su- 
preme court which shall be ordered by the su- 
preme court to be transferred to a district court 
of appeal for hearing and decision. The said 
courts shall also have power to issue writs of man- 
damus, certiorari, prohibition, and habeas corpus, 
end all other writs necessary or proper to the com- 
plete exercise of their appellate jurisdiction. 


TREADWELL’S CONSTITUTION OF CALIFORNIA, ao. <, 


Each of the justices thereof shall have power to 
issue writs of habeas corpus to any part of his ap- 
pellate district upon petition by or on behalf of 
any person held in actual custody, and may make 
such writs returnable before himself or the dis- 
trict court of appeal of his district, or before any 
superior court within his district, or before any 
_ judge thereof. 

The supreme court shall have power to order 
any cause pending before the supreme court 
to be heard and determined by a district court of 
appeal, and to order any cause pending before a 
district court of appeal to be heard and deter- 
mined by the supreme court. The order last 
mentioned may be made before judgment has been 
pronounced by a district court of appeal, or with- 
in thirty days after such judgment shall have be- 
come final therein. The judgments of the dis- 
trict courts of appeal shall become final therein 
upon the expiration of thirty days after the same 
shall have been pronounced. 

The supreme court shall have power to order 
causes pending before a district court of appeal 
for one district to be transferred to the district 
court of appeal of another district for hearing 
and decision. 

The justices of the district courts of pe 
shall be elected by the qualified electors within 
their respective districts at the general state elec- 
tions at the times and places at which justices of 


16 SUPPLEMENT TO 


the supreme court are elected. Their terms of 
office and salaries: shall be the same as those of 
justices of the supreme court, and their salaries 
shall be paid by the state. Upon the ratification 
by the people of this amendment the governor 
shall appoint nine persons to serve as justices of 
the district courts of appeal until the first Mon- 
day after the first day of January in the year 
1907, provided, that not more than six of said 
persons shall be members of the same _ political 
party. At the election in the year 1906 nine of 
such justices shal] be elected as above provided, 
and the justices of each district court of appeal 
shall so classify themselves by lot that one of them 
shall go out of office at the end of four years, one 
of them at the end of eight years, and one of them 
at the end of twelve years; an entry of such classi- 
fication shall be made in the minutes of the court, 
signed by the three justices thereof, and a dupli- 
cate thereof filed in the office of the secretary of 
state. If any vacancy occur in the office of a jus- 
tice of the district courts of appeal, the governor 
shall appoint a person to hold office until the elec- 
tion and qualification of a justice to fill the va- 
cancy; such election shall take place at the next 
succeeding general state eléction as aforesaid; the 
justice then elected shall hold the office for the 
unexpired term. 

One of the justices of each of the district courts 
of appeal shall be the presiding justice thereof, 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 17 


and as such shall be appointed or elected as the 
case may be. The presence of three justices shall 
be necessary for the transaction of any business by 
such court, except such as may be done at cham- 
bers, and the concurrence of three justices shall 
be necessary to pronounce a judgment. 

Whenever any justice of the supreme court 
is for any reason disqualified or unable to act in 
a cause pending before it, the remaining justices 
may select one of the justices of a district court . 
of appeal to act pro tempore in the place of the 
justice so disqualified or unable to act. 

Whenever any justice of a district court of ap- 
peal is for any reason disqualified or unable to 
act in any cause pending before it, the supreme 
court may appoint a justice of the district court 
of appeal of another district, or a judge of a su- 
ferior court who has not acted in the cause in the 
court below, to act pro tempore in the place of the 
justice so disqualified or unable to act. 

No appeal taken to the supreme court or to a 
district court of appeal shall be dismissed for the 
reason only that the same was not taken to the 
proper court, but the cause shall be transferred 
to the proper court upon such terms as to costs 
or otherwise as may be just, and shall be pro- 
ceeded with therein as if regularly appealed there- 
to. 

All statutes now in force allowing, providing 
for, or regulating appeals to the supreme court 


18 SUPPLEMENT TO 


shall apply to appeals to the district courts of ap- 
peal so far as such statutes are not inconsistent 
with this article and until the legislature shall 
otherwise provide. | 

The supreme court shall make and adopt rules 
not inconsistent with law for the government of 
the supreme court and of the district courts of 
appeal and of the officers thereof, and for regulat- 
ing the practice in said courts. (Amendment 
adopted November 8, 1904.) 


Article V1, Section 5, 


The superior courts are state courts. (Pratt v. 
Browne, 135 Cal. 649, 67 Pac. 1082.) 

There is only one superior court in each county. 
(Carter vy. Lothian, 133 Cal. 451, 65 Pac, 962.) 

An action to set aside a judgment procured by fraud 
is a suit in equity and need not he brought in the 
county in which the judgment wes recovered. (Herd 
v. Tuohy, 183 Cal. 55, 65 Pac. 139.) 

The probate court has exclusive jurisdiction of lega- 
cies. (Drinkhouse v. Merritt, 134 Cal. 580, 66 Pac. 
785.) 

The probate court has no jurisdiction to settle a dis- 
puted claim by a third person against the guardian or 
the estate of a ward. (Guardianship of Breslin, 135 
Cal. 21, 66 Pac. 962.) 

A court of equity cannot set aside a decree of dis- 
tribution made by the probate court on the ground of 
fraud of the person procuring it; but in case of ex- 
trinsic fraud it may declare such person a trustee of 
the defrauded parties. (Sohler v. Sohler, 135 Cal. 
323, 67 Pac. 282.) 

Questions in regard to assignments made by an 
heir apparent are not within the scope of probate 
proceedings. (Estate of Ryder, 141 Cal. 366.) 

Where several plaintiffs sue together on several dis- 
tinct claims each for less than three hundred dollars, 
and the court enters a joint judgment for the entire 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 19 


amount of the claims, the judgment is void. (Winrod 
v. Wolters, 141 Cal. 399.) 

The proviso to this section is to be strictly con- 
strued, and does not inciude an action to recover 
damages for interfering with an easement for a canal, 
where there is nothing in the complaint to indicate 
that the defendant claims any right or title to the 
easement of the canal. (Miller & Lux v. Kern Co. 
Land Co., 140 Cal. 132.) 

An action may be brought under the proviso to this 
section to partition several distinct tracts of land situ- 
ated in different counties. As to whether or not 
partition is an action ‘‘quieting title to’’ real estate 
not decided. (Murphy v. Superior Court, 138 Cal. 69.) 

The superior court sitting as a court of probate has 
no jurisdiction to annul an administration and com- 
pel the administrator to return a!l the property which 
has come into his hands, on the ground that the ad- 
ministration was granted on the estate of a living 
person. (Costa v. Superior Court, 137 Cal, 79.) 

The determination of a judgment lien against a dev- 
isee is not a matter of probate. (Martinovich v. 
Marsicano, 137 Cal. 354.) 

When a title by patent from the United States 
vested absolutely in the widow and two children of 
the deceased husband and father, free of any trust 
attaching to his estate, the superior court sitting in 
probate has no jurisdiction over it. (Southern Cal. 
M. T. Co. v. Lincoln University, 137 -Cal. 508.) 

The superior court has concurrent jurisdiction with 
justices of the peace for the foreclosure of liens on 
personal property when the claim is for less than 
_ three hundred dollars, and the plaintiff is entitled to 
costs, whether he seeks relief in one jurisdiction or 
the other. (Clark vy. Brown, 141 Cal. 93.) 


Article VI, Section 6. 


The departments of the superior court of a single 
county, though theoretically one court, are practically 
ag distinct, for the trial of causes, as other superior 
courts, and a jury drawn for one department cannot 
be used in another. (People v. Wong Bin, 139 Cal. 
60.) 


20 SUPPLEMENT TO 


The fact that the constitution gives the superior 
court jurisdiction in cases of equity does not prevent 
the legislature from regulating the practice and pro- 
ceedings in such cases. (Wright y. Superior Court, 
139 Cal. 469.) 

The legislature has no power to increase or diminish 
the term of office of superior judges as fixed by the 
constitution; and such judge, therefore, cannot hold 
after the expiration of such term and until his sue- 
cessor has been elected or appointed. (People v. 
Campbell, 138 Cal. 11.) 


Article VI, Section 10. 

Sec. 10. Justices of the supreme court, and of 
the district courts of appeal, and judges of the 
superior courts may be removed by concurrent 
resolution of both houses of the legislature 
adopted by a two-thirds vote of each house. All 
other judicial officers, except justices of the peace, 
may be removed by the senate on the recommen- 
dation of the governor; but no removal shall be 
made by virtue of this section unless the cause 
thereof be entered on the journal, nor unless the 
party complained of has been served with a copy 
of the complaint against him and shall have had 
an opportunity of being heard in his defense. On 
the question of removal the ayes and noes shall 
be entered on the journal. (Amendment adopted 
November 8, 1904.) 


Article VI, Section 11. 

The pa*ties to an action in the justices’ court can- 
not confer jurisdiction upon the court of an action 
involving the title or possession of real estate by 
failing to plead such lack of jurisdiction by verified 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 21 


answer. (King v. Kutner-Goldstein Co., 135 Cal. 65, 
G¢-Pac.-10.) 

The board of supervisors of a county may by or- 
dinance abolish two contiguous judicial townships 
having a justice’s court in each, and may establish 
one new consolidated township, comprising the ter- 
ritory of both of them. (Proulx v. Graves, 143 Cal. 
243.) 

The constitutional provision as to justices’ courts 
operates specifically only by means of such local legis- 
lation as the state legislature hag delegated to the 
supervisors under general laws, and automatically es- 
tablishes a justice’s court in each township estab- 
lished by the local body which continues while the town- 
ship exists, and is merged in another justice’s court 
when two townships are merged into one. (Proulx 


v. Graves, 143 Cal. 243.) 
The words ‘‘forcible entry and detainer’’ include 
unlawful detainer. (Ivory v. Brown, 137 Cal. 603.) 


Article VI, Section 12. 

Sec. 12. The supreme court, the district 
courts of appeal, the superior courts, and such 
other courts as the legislature shall prescribe, 
shall be courts of record. (Amendment adopted 
November 8, 1904.) | 


Article VI, Section 16. 

Sec. 16. The legislature shall provide for the 
speedy publication of such opinions of the su- 
preme court and of the district courts of appeal 
as the supreme court may deem expedient, and all 
opinions shall be free for publication by any per- 
son. (Amendment adopted November 8, 1904.) 


Article VI, Section 17. 
Sec. 17. The justices of the supreme court and 


of the district courts of appeal, and the judges 


22 SUPPLEMENT TO 


of the superior court shall severally, at stated 
times during their continuance in office, receive 
for their services such compensation as is or 
shall be provided by law, which shall not be in- 
creased or diminished after their election, nor 
during the term for which they shall have been 
elected. The salaries of the justices of the su- 
preme court and of the district courts of appeal 
shall be paid by the state. One-half of the salary 
of each superior court judge shall be paid by the 
state; the other half thereof shall be paid by the 
county for which he is elected. (Amendment 
adopted November 8, 1904.) : | 


Article VI, Section 18, 

Sec. 18. The justices of the supreme court, 
and of the district courts of appeal, and the judges 
of the superior courts shall be ineligible to any 
other office or public employment than a judicial 
office or employment during the term for which 
they shall have been elected. (Amendment 
adopted November 8, 1904.) 


Article VI, Section 19. 

An instruction that ‘funder the case and proofs as 
here made no presumption of negligence arises against 
the defendant from the mere fact that an accident 
has occurred,’’ violates this provision. (Sullivan vy. 
Market St. Ry. Co., 136 Cal. 479, 69 Pac. 143.) 

An instruction that the condemnation sought is 
not necessary is an instruction upon a matter of fact. 
(Santa Ana v. Gildmacher, 133 Cal. 395, 65 Pac. 883.) 

The provision of section 2061 of the Code of Civil 
Procedure that the jury are, on ali proper occasions, 


TREADWELL’S CONSTITUTION OF CALIFORNIA. O58 . 


to be instructed that the testimony of an accomplice 
- ought to be viewed with distrust and the evidence 
of the oral admission of a party with caution, vio- 
205 this provision. (People v. Wardrip, 141 Cal. 
229. 

Instruction on matter of fact held error. (Kerri- 
gan v. Market St. Ry. Co., 138 Cal. 506.) 

An instruction that if the jury believe a particular 
witness they shall render a verdict accordingly is 
error. (People vy. Barker, 137 Cal. 557.) 

An instruction assuming that there may be an 
inference or definite presumption of guilt of the crime 
of burglary from the mere unexplained fact of pos- 
session of stolen property, is error. (People v. Boxer, 
137 Cal. 562.) 


Article VI, Section 21. 

Sec. 21. The supreme court may appoint a re- 
porter and not more than three assistant re- 
porters of the decisions of the supreme court and 
of the district courts of appeal. Each of the 
district courts of appeal shall appoint its own 
clerk. All the officers herein mentioned shall 
hold office and be removable at the pleasure of the 
courts by which they are severally appointed, and 
they shall receive such compensation as shall be 
prescribed by law, and discharge such duties as 
shall be prescribed by law, or by the rules or 
orders of the courts by which they are severally 
appointed. (Amendment adopted November 8, 
1904.) 


Article VI, Section 23. 

Sec. 23. No one shall be eligible to the office 
of a justice of the supreme court, or of a district 
court of appeal, or of a judge of a superior court, 


D4. SUPPLEMENT TO 


unless he shall have been admitted to practice be- 
fore the supreme court of the state. (Amend- 
ment adopted November 8, 1904.) 


- Article VI, Section 24. 

Sec. 24. No judge of the supreme court nor 
of a district court of appeal, nor of a superior 
court, shall draw or receive any monthly salary 
unless he shall make and subscribe an affidavit 
before an officer entitled to administer oaths, that 
no cause in his court remains pending and un- 
decided, that has been submitted for decision for 
a period of ninety days. In the determination of 
causes al] decisions of the supreme court and of 
the district courts of appeal shall be given in writ- 
ing, and the grounds of the decision shall be 
stated. When the justices of a district court of 
appeal are unable to concur in a judgment, they 
shall give their several opinions in writing and 
cause copies thereof to be forwarded to the su- 
preme court. (Amendment adopted November 
8, 1904.) 


Article VI, Section 25. 

Sec. 25. The present supreme court commis- 
sion shall be abolished at the expiration of its 
present term of office, and no supreme court com- 
- mission shall be created or provided for after 
January Ist, A. D. 1905. (Amendment adopted 
November 8, 1904.) 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 25 


Article IX, Section 4. 


Money raised for the support of the common schools 
does not become a part of the school fund of the . 
county until it has been apportioned to the several 
counties by the superintendent of public instruction. 
(McCord vy. Slavin, 143 Cal. 325.) 


Article TX, Section 6. 

Sec. 6. The public school system shall include 
primary and grammar schools, and such high 
schools, evening schools, normal schools, and 
technical schools as may be established by the 
legislature, or by municipal or district authority. 
The entire revenue derived from the state school 
fund and from the general state school tax shall 
be applied exclusively to the support of primary 
and grammar schools; but the legislature may 
authorize and cause to be levied a special state 
school tax for the support of high schools and 
technical schools, or either of such schools, in- 
cluded in the public school system, and all 
revenue derived from such special tax shall be 
applied exclusively to the support of the schools 
for which such special tax shall be levied. 
(Amendment adopted November 4, 1902.) 


All school funds must be applied exclusively to 
primary and grammar schools. (Stockton School Dis- 
trict v. Wright, 134 Cal. 64, 66 Pac. 34.) 

The provision that the moneys derived from the 
sale of uncovered lands should be ‘‘paid into the 
school fund of tlfe county where the land lies’’ was 
not an ‘‘appropriation’’ of these moneys. Meee Vv. 
Slavin, 143 Cal. 325.) 

While high schools are part of the public school 
system, it was intended to make them entirely dis- 
tinct from primary and grammar schools. (Brown 
v. City of Visalia, 141 Cal, 372.) ; 


26 SUPPLEMENT TO 


The term ‘‘public schools’? in section 798 of the 
Municipal Corporation Act does not embrace high 
schools, (Brown v. City of Visalia, 141 Cal. 372.) 
Article IX, Section 12. 

Sec. 12. All property now or hereafter belong- 
ing to the “California Academy of Sciences,” an 
institution for the advancement of science and 
maintenance of a free museum, and chiefly en- 
dowed by the late James Lick, and incorporated 
under the laws of the State of California, January 
sixteenth, eighteen hundred and seventy-one, hav- 
ing its buildings located in the city and county 
of San Francisco, shall be exempt from taxation. 
The trustees of said institution must annually re- 
port their proceedings and financial accounts to 
the governor. The legislature may modify, sus- 
pend, and revive at will the exemption from taxa- 
tion herein given. (New section added by 
amendment approved November 8, 1904.) 


Article XI, Section 3. 

The question of the liability of the new and old 
counties is purely legislative. (Riverside Co. y. San 
Bernardino Co., 134 Cal. 517, 66 Pac. 788.) 


Article XI, Section 5. 


The legislature cannot delegate the power given it 
by this section. (People v. Wheeler, 136 Cal. 652, 69 
Pac. 435.) 

The provision of section 1770 of the Political Code 
as to the compensation of members.of county boards 
of education is valid. (Thom v. Los Angeles, 136 Cal, 
375, 69 Pac. 18.) 

The legislature can only classify counties for the 
purpose of fixing salaries of county officers. Official 
reporters of the superior courts are not such officers. 
(Pratt v. Browne, 135 Cal. 649, 67 Pac. 1082.) 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 27 


This section only authorizes the legislature to clas- 
sify counties for the purpose of regulating the com- 
pensation of county officers, and it does not author- 
ize the classification of townships for the purpose of 
regulating compensation. But the legislature may 
classify townships for the purpose of determining the 
number of township officers. (Sanchez v. Fordyce, 
141 Cal. 427.) 

Section 3678 of the Political Code, authorizing the 
board of supervisors to provide for additional cleri- 
cal force to enable the recorder to assist the assessor 
in the performance of his duties, violates this section. 
(Agard v. Shaffer, 141 Cal. 725.) 


Article XI, Section 6. 


The control of the almshouse of San Francisco is a 
municipal affair. (Weaver v. Reddy, 135 Cal. 430, 67 
Pac. 683.) 

Municipal charters supersede the general laws upon 
municipal affairs. (People v. Williamson, 135 Cal. 
415, 67 Pac. 504.) 

The functions of the board of health created by the 
charter of the city and county of San Francisco are 
municipal affairs. (People y. Williamson, 135 Cal. 
415, 67 Pac. 504.) 

A municipal corporation organized under a special 
charter prior to the adoption of the constitution of 
1879 continues to exist under such act until it elects 
to organize under the general laws, or to obtain a free- 
holders’ charter. (Ex parte Helm, 143 Cal. 553.) 

Municipal corporations organized under special 
charters are not subject to general laws on ‘‘munici- 
pal affairs.’’ (Ex parte Helm, 143 Cal. 553; Ex parte 
Lemon, 143 Cal. 558.) 

The provision of section 3366 of the Political Code 
forbidding the imposition of a license tax for the pur- 
pose of revenue, deals with a municipal affair. (Ex 
parte Helm, 143 Cal. 553; Ex parte Lemon, 143 Cal. 
558.) 

The matter of the registration of voters for a munic- 
ipal election is a municipal affair. (People v. Wors- 
wick, 142 Cal. 71.) 

The power to determine boundaries of a proposed 
town cannot be exercised by the legislature, but must 


28 SUPPLEMENT TO 


be exercised by subordinate bodies. (Vernon v. Su- 
pervisors, 142 Cal. 513.) 

A provision in a city charter conferring upon it 
power to impose license taxes for the purpose of 
revenue relates to a ‘‘municipal affair’? and is su- 
perior to the general law forbidding such taxes. (Ex 
parte Braun, 141 Cal. 204.) 

The school system is a matter of general concern 
and not a municipal affair. (Hancock v. Board of 
Education, 140 Cal. 554.) 

Banaz v. Smith, 133 Cal. 102, approved. (German 
Sav. ete. Soc. v. Ramish, 138 Cal. 120.) 

The payment of fees of jurors in criminal actions 
is a state affair. (Jackson v. Baehr, 138 Cal. 266.) 


Article XI, Section 8. 

Sec. 8. Any city containing a population of 
more than three thousand five hundred in- 
habitants may frame a charter for its own gov- 
ernment, consistent with and subject to the 
constitution and laws of this state, by causing 
a board of fifteen freeholders, who shall have 
been for at least five years qualified electors 
thereof, to be elected by the qualified voters of 
said city at any general or special election, whose 
duty it shall be, within ninety days after such 
election, to prepare and propose a charter for 
such city, which shall be signed in duplicate by 
the members of such board, or a majority of 
them, and returned, one copy to the mayor there- 
of, or other chief executive officer of such city, 
and the other to the recorder of the county. Such 
proposed charter shall then be published in two 
daily newspapers of general circulation in such 
city, for at least twenty days, and the first pub- 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 29 


lication shall be made within twenty days after 
the completion of the charter; provided, that in 
cities containing a population of not more than 
ten thousand inhabitants, such proposed charter 
shall be published in one such daily newspaper ; 
and within not less than thirty days after such 
publication it shall be submitted to the qualified 
electors of said city at a general or special elec- 
tion, and if a majority of such qualified electors 
voting thereon shall ratify the same, it shall 
thereafter be submitted to the legislature for ils 
approval or rejection as a whole, without power 
of alteration or amendment. Such approval may 
be made by concurrent resolution, and if ap- 
proved by a majority vote of the members elected 
to each house, it shall become the charter of such 
city, or, if such city be consolidated with a 
county, then of such city and county, and shall 
become the organic law thereof, and supersede 
any existing charter and all amendments there- 
of, and all laws inconsistent with such charter. 
A copy of such charter, certified by the mayor, 
or chief executive officer, and authenticated by 
the seal of such city, setting forth the submission 
of such charter to the electors, and its ratifica- 
tion by them, shall after the approval of such 
charter by the legislature, be made in duplicate, 
and deposited, one in the office of the secretary 
of state, and the other, after being recorded in 
said recorder’s office, shall be deposited in the 


30 SUPPLEMENT TO 


archives of the city, and thereafter all courts 
shall take judicial notice of said charter. The 
charter, so ratified, may be amended at intervals 
of not less than two years by proposals therefor, 
submitted by the legislative authority of the 
city to the qualified electors thereof at a general 
or special election, held at least forty days after 
the publication of such proposals for twenty 
days in a daily newspaper of general circulation 
in such city, and ratified by a majority of the 
electors voting thereon, and approved by the 
legislature as herein provided for the approval 
of the charter. Whenever fifteen per cent of the 
qualified voters of the city shall petition the 
legislative authority thereof to submit any pro- 
posed amendment or amendments to said charter 
to the qualified voters thereof for approval, the 
legislative authority thereof must submit the 
same. In submitting any such charter, or 
amendments thereto, any alternative article or 
proposition may be presented for the choice of 
the voters, and may be voted on separately with- 
out prejudice to others. (Amendment adopted 
November 4, 1902.) } 


Where a newly adopted charter expressly provided 
for a preliminary election under it on a date prior to 
the date at which the charter is to take effect, the 
charter is to be construed as consistent with itself, 
and the general provision as to its taking effect, 
merely means that the machinery of the new govern- 
ment shal! not start until the later date and does not 
conflict witb the provision for a preliminary election. 
(Trafton v. Quinn, 143 Cal. 469.) 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 31 


A reference in a special charter of a city to a par- 
ticular title of the Political Code for its powers and 
provisions has the effect to make the appropriate 
title a part of the charter of the city. (Ex parte 
Lemon, 143 Cal. 558.) 

A municipal charter must receive a majority of all 
the votes cast at the election, and not merely a ma- 
jority of the notes cast thereupon. (Santa Rosa v. 
Bower, 142 Cal. 299.) 


Article XI, Section 814. 


Under this provision it is competent for the charter 
of a city and county to provide that the salary of 
the assessor shall be in full compensation for his ser- 
vices, although the general law allowed -him extra 
compensation for collecting poll taxes. (Matter of 
Dodge, 135 Cal. 512, 67 Pac. 973.) 

As to the meaning of the word ‘‘deputies’’ as used 
in this section, see Garnett v. Brooks, 136 Cal. 585, 
69 Pac. 298. 


Article XI, Section 9. 


Under the provisions of the County Government 
Act providing that the salaries provided for therein 
shall be in full compensation for all services rendered 
by the officers, the clerk of the board of supervisors 
is not entitled to receive any extra compensation for 
extra work done by him in preparing data for a claim 
of the county against the state, whether rendered in 
the line of his official duty or otherwise. (Humboldt 
v. Stern, 136 Cal. 63, 68 Pac. 324.) 

This section only applies to a ‘‘county, city, town, 
or municipal officer,’’ for whose term of office the 
constitution makes no provision, and does not apply 
to superior judges. (People v. Campbell, 138 Cal. 
EAS) 

Where the term is fixed by the Constitution, the 
legislature has no power to extend or diminish it, 
(People v. Campbell, 138 Cal. 11.) 


Article XI, Section 11. 


An ordinance making it unlawful to exhibit in any 
barred or barricaded house or room or in any place 
built or protected in a manner to make it difficult of 


32 SUPPLEMENT TO 


access to police officers, when three or more persons 
are present, any cards, etc., is valid. (Matter of Ah 
Cheung, 136 Cal. 678, 69 Pac. 492.) 

In determining whether or not an ordinance regu- 
lating a lawful business is reasonable the court may 
consider matters dehors the ordinance, but not the 
motives of the supervisors. (In re Smith, 143 Cal. 
368.) 

A county ordinance prohibiting the maintenance of 
gasworks in a sparsely settled rural district, and which 
has the effect to stop the operation of the gasworks 
of the petitioner, in the immediate vicinity of which 
there are no dwelling-houses, is unreasonable. (In re 
Smith, 143 Cal. 368.) 

An ordinance of the city and county of San Fran- 
cisco prohibiting interments of dead bodies within the 
city limits is valid. (Odd Fellows’ Cem. Assn. v. 
San Francisco, 140 Cal. 226.) 

An act providing that any person excluded from a 
place of amusement may recover his actual damages 
and a penalty, is valid as a police regulation. 
(Greenberg v. Western Turf Assn., 140 Cal. 357.) 

An ordinance making it unlawful to maintain gas- 
works within certain defined limits is valid. (Dob- 
bins v. Los Angeles, 139 Cal. 179; In re Daly, 139 Cal. 
216.) 

A city has no power to impose a license tax upon 
the right to practice law. (Sonora v. Curtin, 137 Cal. 
583.) 


Article XI, Section 12. 


An ordinance imposing a license tax and distin- 
guishing between hotels where meals are cooked and 
served by a proprietor or the members of his family 
and those where meals are not so cooked and served 
is valid. (Ex parte Lemon, 143 Cal. 558.) 

License taxes for revenue are taxes within the 
meaning of this section. (Ex parte Jackson, 143 Cal. 
564.) 


Article XI, Section 18. 


This provision does not apply to a board of trustees 
of a free public lilrary of a city. (Robertson v. Li- 
brary Trustees, 136 Cal. 403, 69 Pac. 88.) 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 33 


A judgment upon a claim against a city, although 
payable only out of the funds of a particular fiscal 
year, should be general in form and should not direct 
out of what funds it should be paid. (Fresno ete. 
Co. v. McKenzie, 135 Cal. 497, 67 Pac. 900.) 

A sum payable upon a contingency is not a debt 
within the meaning of this section, and cannot become 
such until the contingency happens. (Doland v. 
Clark, 143 Cal. 176.) 

A contract to continue for a series of years, and 
providing for payments thereunder at different times, 
is not in violation of this provision. (Doland v. 
Clark, 148 Cal. 176.) 


Article XI, Section 19. 


By this section the operation of gasworks is recog- 
nized as a lawful business. (In re Smith, 143 Cal. 368.) 

An ordinance requiring persons who desire to lay 
pipes in the streets to make a verified application for 
a permit from the superintendent of streets is in- 
valid and is not a regulation for ‘‘damageg and in- 
demnity for damages.’’ (In re Johnston, 137 Cal. 
115.) 


Article XII, Section 3. 


As to who is a stockholder ‘under this section, 
see Abbott v. Jack, 136 Cal. 510,69 Pac. 257. 

The provision of this section as to the liability of 
directors and trustees ig self-executing. (Winchester 
v. Howard, 136 Cal. 432, 69 Pac. 77.) 

The proper remedy for the enforcement of this pro- 
vision against directors and trustees is by bill in 
equity. (Winchester v. Howard, 136 Cal. 432, 69 Pace. 
77. 

Wass provision is not in violation of the federal 
constitution. (Winchester v. Howard, 186 Cal, 432, 
69°Pac. 77.) 

An assignee of a depositor in a bank may maintain 
an action under this section. (Winchester v. Howard, 
136 Cal. 432, 69 Pac. 77.) 

Depositors who became such after the misappro- 
priation may maintain the action. (Winchester v. 
Howard, 136 Cal. 432, 69 Pac. 77.) 

The claim of the creditor need not be reduced to 
judgment before an action ig brought under this pro- 


34 SUPPLEMENT TO 


poeee (Winchester v. Howard, 136 Cal. 432, 69 Pac. 
cy 

Nor need he make a specific demand for an account- 
ing before bringing the action. (Winchester v. 
Howard, 136 Cal. 432, 69 Pac. 77.) 

The liability of a stockholder of a corporation for 
his proportionate share of its debts is created by stat- 
ute, and barred within three years after the cause 
of action accrues. (Jones v. Goldtree Bros. Co., 142 
Cal. 383.) 


Article XII, Section 9. 


While this provision is mandatory and prohibitory, 
it is not so self-executing as to deny the power of the 
legislature to prescribe penalties for its violation. 
(People v. Stockton ete. Soc., 133 Cal. 611, 65 Pac. 
1078.) 


Article XII, Section 14. 


A stockholder in a corporation has the right to in- 
spect the books, records and journals of the corpora- 
tion, and this right may be enforced by mandamus. 
The purpose for which the inspection is desired is 
immaterial. (Johnson v. Langdon, 135 Cal. 624, 67 
Pac. 1050.) 


Article XII, Section 16. 


An action to recover damages for trespass upon 
real property may be brought in the county of the 
principal place of the corporation defendant. (Miller 
& Lux v. Kern County Land Co., 134 Cal. 586, 66 
Pac. 856.) 

An action may be commenced against a corpora- 
tion in the county where the contract was made, or 
where it was to be performed. (Bank of Yolo v. 
Sperry Flour Co., 141 Cal. 314.) 


Article XIII, Section 1. 


The property of a reclamation district is - publie 
property exempt from taxation. (Reclamation Dist. 
No. 551 v. Sacramento, 134 Cal. 477, 66 Pac. 668.) 

A balance of a money account on general deposit in 
a bank outside of the state, held by a corporation hav- 
ing its principal place of business in this state, is 
taxable in this state as a solvent credit. (Pacific 


o~ 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 35 


ies. Sav. Soc. vy. San Francisco, 133 Cal. 14, 65 Pace. 

A law requiring insane persons in state institutions 
to be supported out of their own estates is valid. 
(Estate of Yturburru, 134 Cal. 567, 66 Pac. 729.) 

A franchise merely. to be a corporation is property, 
which is assessable to the corporation. (Bank of Cal- 
ifornia v. San Francisco, 142 Cal. 276.) 

As to the proper method of arriving at the value 
of a franchise to be a corporation for the purpose of 
taxation, see Bank of California v. San Francisco, 
142 Cal. 276. 

Checks drawn upon the treasurer of the United 
States, payable on demand, as a mode of paying an 
obligation of the United States, are taxable as solvent 
credits. (Hibernia etc. Soc. v. San Francisco, 139 
Cal. 205.) 

The provisions of the Political Code in regard to 
road taxes are not in violation of this section because 
cities and towns are exempted from their operation, 
since this does not exempt cities and towns from the 
tax, but compels cities and towns to maintain their 
own streets under the street improvement act. 
(Miller vy. County of Kern, 137 Cal. 516.) 

Alfalfa is not included in the exemption of ‘‘ grow- 
ing crops.’’ (Miller v. County of Kern, 137 Cal. 516.) 


Article XIII, Section 1%. 

Sec. 13. All bonds hereafter feted by the 
State of California, or by any county, city and 
county, municipal corporation, or district (in- 
eluding school, reclamation, and irrigation dis- 
tricts) within said state, shall be free and 
exempt from taxation, (Amendment adopted 
November 4, 1902.). 


Article XIII, Section 2. 


The constitution leaves it to the legislature to de- 
fine ‘‘improvements,’’ and alfalfa, not being included 
in the legislative definition, must be taxed as realty 


36 SUPPLEMENT TO 


and not as improvements. (Miller v. County of Kern, 
137 Cal. 516.) 


Article XIII, Section 3. 


Where the mortgagor pays the interest on the mort- 
gage he cannot recover it back on the ground that 
the mortgage provides that the mortgagor shail pay 
the interest on the mortgage. (Matthews v. Ormerd, 
140 Cal. 578.) 


Article XIII, Section 4. 


A first mortgagee, having foreclosed his mortgage 
against a second mortgagee, cannot maintain an ac- 
tion against the latter to recover money paid by him 
to redeem the property from taxes assessed upon the 
second mortgage. (Canadian ete, Co. v. Boas, 136 
Cal. 419, 69 Pae. 18.) 


Article XIII, Section 10. 


This provision hag reference to the permanent 
situs of the property, as distinguished from the place 
of temporary sojourn, or transit. (Rosasco y. Tu- 
olumne, 143 Cal. 430.) 

The ‘provisions of this section do not apply to. 
“‘street’’ railroads, though operating in more than 
one county. (San Francisco etc. Ry. Co. v. Scott, 142 
Cal, 222.) 

Water ditches for irrigating purposes must be as- 
sessed the same as real estate in the county in which 
they are situated. (Kern Valley Land Co. v. County 
of Kern, 137 Cal. 511.) . 

A county has no authority to collect taxes upon a. 
railroad operated in more than one county, which 
are due to a school district. (San Bernardino vy. 
Southern Pac, R. R. Co., 137 Cal. 659.) 


Articule XIII, Section 10%. 
Sec. 104. The personal property of every 
householder to the amount of one hundred dollars, 
the articles to be selected by each householder, 
shall be exempt from taxation. (New section 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 37 


added by amendment approved November 8, 
- 1904.) 


Article XIII, Section 12. 


Under this provision the legislature may define the 
words ‘‘improvements’’ and ‘‘property.’’ (Miller v. 
County of Kern, 137 Cal. 516.) 


_ Article XIV, Section 1, 


Where the owners of water unite in some joint 
method of distributing the water among them, such 
as the formation of a corporation, this does not make 
the water a public use. (Hildreth vy. Montecito C. 
W. Co., 139 Cal. 22.) 

Where the execution of an ordinance fixing water 
rates has been enjoined, the city may, pending such 
injunction, enter into an agreement with the water 
company fixing a price to be paid by the city for 
water furnished. (Contra Costa W. Co. v. Breed, 139 
Cal. 432.) 

The words ‘‘otherwise than as so _ established,’’ 
mean in violation of or contrary to the established 
rates. (Contra Costa W. Co. v. Breed, 139 Cal. 432.) 

As to the effect of an injunction forbidding the exe- 
eution of an ordinance establishing water rates, gee 
Contra Costa W. Co. v. Breed, 139 Cal, 432. 


Article XVII, Section 1. 


As to what constitutes a homestead, see Estate of 
Gallagher, 134 Cal. 96, 66 Pac. 70. 


Article XX, Section 4. 


The provision of the act regulating the practice of 
medicine and surgery, that the board of examiners shall 
be appointed by certain medical societies is author- 
ized by this section. (Ex parte Gerino, 143 Cal. 412.) 

Under this section officers may be appointed by the 
legislature itself, or the duty of appointment may be 
delegated and imposed upon some other person or 
body. (Ex parte Gerino, 143 Cal, 412.) 


88 - SUPPLEMENT TO 


Article XX, Section 9. 


A trust for the perpetual care of a burial plat is in 
violation of this provision. (Hstate of Gay, 138 Cal. 
552.) 


Article XX, Section 10. 


Where the term of an officer is not fixed by law, he 
may be removed by the appointing power; and a 
statute providing that he can only be removed for 
cause, after a hearing, is invalid. (Sponogle vy. Cur- 
now, 136 Cal. 580, 69 Pac. 255.) 


Article XX, Section 15, . 


The provision of this section respecting mechanics’ 
liens is subordinate to the Declaration of Rights. 
(Stimson M. Co. v. Braun, 136 Cal. 122, 68 Pac. 481.) 

The provision of section 1203 of the Code of Civil 
Procedure requiring contractors for the erection of 
buildings to secure their contracts by bonds is not 
authorized by this section. (Shaughnessy v, American 
Surety Co., 138 Cal. 543.) 

This section only provides for a lien where the ma- 
terials have actually been used upon the property 
upon which the lien is claimed. (Bennett v. Beadly, 
142 Cal. 239.) 


Article XX, Section 16. 


A hospital physician of the county is not a public 
officer. (People v. Wheeler, 136 Cal. 652, 69 Pace. 
435. 

we section only applies to officers whose term is 
‘‘not provided for in the constitution’’ and does not 
apply to superior judges. (People v. Campbell, 138 
abate) 


Article XX, Section 17. 

Sec. 1%. The time of service of all laborers 
or workmen or mechanics employed upon any 
public works of the state of California, or of any 
county, city and county, city, town, district, 


TREADWELL’S CONSTITUTION OF CALIFORNIA. 39 


township, or any other political subdivision 
thereof, whether said work is done by contract 
or otherwise, shall be limited and restricted to 
eight hours in any one calendar day, except in 
cases of extraordinary emergency caused by fire, 
flood, or danger to life and property, or except to 
work upon public, military, or naval works or 
defenses in time of war, and the legislature shall 
provide by law that a stipulation to this effect 
shall be incorporated in all contracts for public 
work and prescribe proper penalties for the 
speedy and efficient enforcement of said law. 
(Amendment adopted November 4, 1902.) 


40 SUPPLEMENT TO 


STATUTES DECLARED UNCONSTITUTIONAL IN 
WHOLE OR IN PART. 
Statutes, Page. Chapter. Case. 


1873-4 320 453 Weber v. Santa Clara, 59 Cal. 
265. 

1880 119 109 Bixler’s Appeal, 59 Cal. 550; Bix- 
ler v. Sacramento, 59 Cal. 689. 
(Decision of Superior Court.) 

1880 131 118 Krause v. Durbrow, 127 Cal. 681, 
60 Pac, 438. 

1889 3 5 Schaezlein v. Cabaniss, 135 Cal. 
466, 67 Pac, 755. 

1891 450 231 Patty v. Colgan, 97 Cal. 251. 

1891 513 279 Bourn v. Hart, 93 Cal. 321. 

1893 12 16 Bradley v. Clark, 133 Cal, 196, 65 
Pac. 395. 

1893 229 188 Provident ete. Assn. v. Davis, 
143 Cal. 253. 

1893 346 234 Knight v. Martin, 128 Cal. 245. 

1895 348 223 Sane v. Supervisors, 114 Cal. 

1895 267 207 Reid v. Groezinger, 115 Cal, 551, 

1897 17 83 Estate of Mahoney, 133 Cal. 180, 
65 Pac, 389. Overruled in Es- 
tate of Johnson, 139 Cal. 532. 

1897 311 227 Matter of Lambert, 134 Cal. 626, 
66 Pac. 851, 

1897 452 277 Van Harlingen v. Doyle, 134 Cal. 
53, 66 Pac. 44; Ex parte An- 
derson, 134 Cal. 69, 66 Pace. 
194; Pratt v. Browne, 135 Cal. 
649, 67 Pac. 1082. 


TREADWELL’S CONSTITUTION OF CALIFORNIA, 


41 


CALIFORNIA CITATIONS TO CONSTITUTION OF 


1879, 


[Citations are to California Reports, Vols, 133 to 143.} 


I-1 
133 354 
133 377 
136 125 


I-7 
139 589 


I-9 
139 121 


I-11 
134 55 
136 528 
137 481 
138 381 
140 487 
143 414 


I-13 
133 351 
136 125 


I-14 
135 105 
137 579 
137 621 


J-15 
134 661 


T-21 
34 55 
1387 181 
143 1414 
143 «573 


TI-1 
236 «6451 


IIT-1 
140 x 


IV-1 
139 28 


IV-21 
136 445 


IV-24 


oat, TO 


134 478 
135 652 
139 463 
140 487 
141 334 
142 13 
143 258 
143 627 


IV-25 
135 518 
137 518 
138 381 
140 480 
142 195 
143 414 


IV-31 
138 273 
143 331 


IV-32 
138 275 


VI-1 
140 12 
143 246 


VI-4 
138 429 
142 628 


VI-5 
133 59 
134 588 
138 70 
138 154 
140 133 


VI-6 
133 455 
135 653 
138 15 
139 477 


VI-7 
133 455 


VI-11 
133 76 
143 246 


VI-17 
138 37 


VI-19 
133 398 


IX-4 
143 331 


TX-5 
134 65 
141 376 


IX-6 
134 65 
141 375 


XI-1 
134 70 


XI-3 
134 522 


XI-4 
134 70 


XI-5 
134 70 
135 650 
136 376 
136 655 
141 429 
141 726 


XI-6 
133 104 
135 519 
138 131 
138 152 
141 207 
142 515 
143 553 
143 567 


XI-8 
133 104 
134 52 
138 131 
141 207 
142 300 
143 556 


42 


143 560 
143 569 


XI-81% 
135 514 
136 586 


XI-9 
136 8665 
138 16 


XI-11 
134 70 
134 111 
134 145 
139 183 
140 230 
143 371 


XI-12 
134 148 
143 567 


XT-13 
133 103 


XI-17 
136 445 


SUPPLEMENT 
XI-18 XII-20 
135 500 1838 26 
136 405 
143 179 XII-22 

133 26 
roe 142 225 
137 118 sites 
142 © MRT INE) cdeoe 
143 371 E 
XTIL-1 
XIT-3 134 478 
136 437. 137. 518 
142 384 139 210 
142 295 
aa 142 284 
133 612 xe 
137 528 
XIL-11 
135 585 XIII-4 
134 86 
aS XIII-10 
135 584 437 515 
135 625 
137 660 
142 293 
XII-16 143 432 
134 587 
136 439 XTIT-12 
141 315 135 517 


XIII-12% 
137 524 


XITI-13 
137 525 


XIV4. 
142 287 
139 434 


XX-3 
133 200 


XX-9 
138 553 


XX-13 
143 549 


XX-15 
136 125 
138 545 
142 242 


XX-16 

136 581 
136 654 
138 2 oao 





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THE 


CONSTITUTION 


OF THE 


STATE OF CALIFORNIA. 


pete 


ADOPTED IN CONVENTION, AT SACRAMENTO, Marcu 3, 1879; 
RATIFIED BY A VOTE OF THE PEOPLE 
May 7, 1879. 





ANNOTATED BY 


EDWARD F. TREADWELL, LL. B., 


(Of the San. Francisco Bar) 
Author of Annotated San Francisco Charter. 





Together with a Table of Statutes Declared Unconstitu- 
tional, Table of Parallel Sections in the Constitu- 
tions of 1849 and 1879, Table of California Cita- 
tions to Constitutions of 1849 and 1879, and 
also with an Appendix Cortaining the 
Constitution of California of 1849, 
the Constitution of the United 
States, and the Treaty of 
Guadalupe Hidalgo. 


Containing all Citations in California Reports 
Vols. 1 to 132. 





SAN FRANCISCO: 
BANCROFT-WHITNEY COMPANY, 


Law PUBLISHERS AND LAW BOOKSELLERS. 


1902. 


Copyright, 1902, 
By 
Bancroft- Whitney Company. 


342. 794-| 
fy ‘ 
C / ov 


LY VG f J 
* & é 7 it } 


TABLE OF CONTENTS. 


Pages 
ar eo ales) as alae ae 4-6 7K doe SedaPe aed vV-xvi 
nnn eID (ITO: ose sw os ce eco creo phe 's abet xvii-lii 


Table of Contents of Constitution of 1879. .liii-lxiii 


Constitution of California of 1879, Anno- 


EE re Pa ne eee en Spe ees 1-371 
Table of Statutes Declared Unconstitu- 
So a Say a ren ake a tie 372-377 
Table of Parallel Sections in Constitutious _ 
RENE BLS C6 cde gig we ped, = 30k oheslagtns « Bide 378-381 _ 
Table of California Citations to Constitu- 
PasnnamiiiS4i, to love sacrts an dei cecis 382-385 
‘Table of California Citations to Constitu- 
ReemOr AES TES ete eS Ad, 386-394 
APPENDIX: 
Constitution of California, 1849.......... 397-447 
Constitution of the United States........ 451-494 
Treaty of Guadalupe Hidalgo...... ode ait 495-525 
Index to Constitution of -U. S............. 527-557 


Index to Constitution of California, 1879.. 559-638 
(iii) 






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INTRODUCTION. 


ee 


PREFATORY NOTE.—It¢ is unnecessary to make 
any extended explanation in laying before the 
Bar of California a work upon the constitution 
of California. The edition published by Mr. 
Robert Desty in 1879 was excellent in its time, 
but has long ceased to be of practical aid ‘to the 
profession. In preparing this volume, the aim 
has been to present in the most convenient form 
the decisions of our own courts, only referring 
to the decisions of other courts on subjects which 
our own have left untouched. While the main 
subject is the present constitution of this state, 
the book-also contains the former constitution, the 
constitution of the United States, and the treaty 
_of Guadalupe Hidalgo. 


New features.—Some new and important feat- 
ures are the following: (1) A table showing all 
statutes of this state which have been declared un- 
constitutional in whole or in part. ‘There are 
over one hundred and thirty such statutes scat- 
tered through the statute books, and this is the 

(v) 


vita INTRODUCTION. 


first time any table of them has been made. (2) 
A table of all California citations to either of the 
California constitutions. This will permit a 
hasty examination of all decisions citing any 
particular section of the constitution. (3) A ta- 
ble of parallel sections in the constitutions of 
1849 and 1879, which will also prove a useful 
feature. 


Annotations.—As to the form of the annota- 
tions, the aim has been to present in the most 
condensed form the principles of the decisions, 
rather than any statement of the facts of the cases. 
In other words, we have attempted something 
more than a mere digest, or a hotchpotch of the 
syllabv of the decisions. 


HISTORY OF THE CONSTITUTION .—Califor- 
nia was admitted into the Union of states Sep- 
tember 9,1850. The first constitution was adopt- 
ed in convention October 10, 1849, ratified by the 
people November 13, 1849, proclaimed December 
20, 1849. This constitution was amended in 
1857 and 1871, and the article on the judicial de- 
partment was revised in 1862. 

The present constitution was adopted in con- 
vention March 3, 1879, ratified by the people May 
7, 1879, and went into effect July 4, 1879, so far 
as it related to election of officers, ete., and Janu- 
ary 1, 1880, for all other purposes. Various amend- 
ments have been made to it from time to time, 
but no radical revision of it has been effected. 


INTRODUCTION, vii . 


CONSTITUTIONAL CONSTRUCTION. — The 
constitution of this state, unlike the federal con- 
stitution, is not to be considered as a grant of 
power, but rather as a limitation upon the pow- 
ers of the legislature. (People v. Coleman, 4 
Cal. 46; People v. Jewett, 6 Cal. 291; People v. 
Rogers, 13 Cal. 159; People v. Twelfth District 
Court, 17 Cal. 547; Bourland v. Hildreth, 26 
Cal. 161; Ex parte McCarthy, 29 Cal. 395.) 

It is, however, to be considered as a grant of 
power to the other branches of the government. 
(People v. Jewett, 6 Cal. 291.) 


Words and phrases.—Where a word, having a 
technical, as well as a popular, meaning, is used 
in the constitution, the courts will accord to it 
its popular meaning, unless the nature of the 
subject indicates, or the context suggests, that it 
is used in its technical sense. (Weill v. Ken- 
field, 54 Cal. 111; Oakland Pav. Co. v. Hilton, 69 
Cal. 479, 11 Pac. 3; Oakland Pav. Co. v. ‘T'omp- 
kins, 72 Cal. 5, 12 Pac. 801; Miller v. Dunn, 72 
Cal. 462, 14 Pac. 27%; People v. Eddy, 43 Cal. 
331.) 

Prospective construction.—Provisions of the 
constitution are to be considered prospective and 
not retrospective unless a contrary intention clear- 
ly appears. (Gurnee y. Superior Court, 58 Cal. 
88.) 


U. OF SL, UA. 


viii INTRODUCTION. 


Reasonable construction.— A construction 
should be adopted which tends to certainty, se- 
curity, and substantial justice, in preference to 
that which involves uncertainty, insecurity, and 
inevitable injustice. (San Gabriel Co. v. Wit- 
mer Co., 96 Cal. 623, 29 Pac. 500, 31 Pac. 588.) 

But where a provision is plain and unambigu- 
ous, it cannot be changed by the courts to avoid 
what may seem to be an absurdity or injustice. 
(Moran v. Ross, 79 Cal. 549, 21 Pac. 958.) 

All the provisions of the constitution must be 
read together, and effect given to all of them. 
They must receive a practical common-sense con- 
struction, and be considered with reference to the 
prior state of the law, and the mischief intended 
to be remedied. (People v. Stephens, 62 Cal. 
209; French v. Teschemaker, 24 Cal. 518.) 


MEANS OF CONSTRUCTION—Debates of the 
convention.—The debates of the constitutional 
convention may be referred to for the purpose of 
construing the provisions of the constitution. | 
(People v. Chapman, 61 Cal. 262; People v. Ste- 
phens, 62 Cal. 209; Isola v. Webber, 13 Mise. 
Rep. 100; Higgins v. Prater, 91 Ky. 6; State v. 
Doron, 5 Nev. 399.) 


Judicial decisions.—Where a provision of the 
former constitution, which has received a judi- 
cial construction, is copied into the new consti- 
tution, it will be presumed that it was adopted in 


INTRODUCTION. ix 


view of that construction. (Sharon v. Sharon, 
67 Cal. 185, 7 Pac. 456, 8 Pac. 709; Thomason v. _ 
Ruggles, 69 Cal. 465, 11 Pac. 20; Lord vy. Dun- 
ster, 79 Cal. 477, 21 Pac. 865; People v. Free- 
man, 80 Cal. 233, 22 Pac. 173; People v. O’Brien, 
96 Cal. 171, 31 Pac. 45; Morton v. Broderick, 118 
Cal. 474, 50 Pac. 644; Ex parte Ahern, 103 Cal. 
412, 37 Pac. 390; People v. Edwards, 93 ‘Cal. 
153, 28 Pac. 831; Palache v. Hunt, 64 Cal. 473, 
2 Pac. 245.) 

' The mere fact that a change is made in the 
phraseology of such provision by subsequent re- 
vision will not be deemed a change in the law, 
unless such phraseology evidently purports an in- 
tention to make a change. (Hyatt v., Allen, 54 
Cal. 353.) 

The same rule applies to provisions of the con- 
stitution borrowed from the constitutions of other 
states, and where such provisions have received 
judicial construction in such states, they are to 
be deemed to have been adopted in view of such 
construction. (People y. Coleman, 4 Cal. 46; 
People v. Webb, 38 Cal. 467; Ex parte Liddell, 
93 Cal. 633, 29 Pac. 251.) 

The exposition of the constitution by the high- 
est court in existence under it, with regard to 
laws passed while it was in force, should be ac- 
cepted by all succeeding courts, without regard 
to their own views as to the correctness of the 
doctrine. (Staude v. Election Commrs., 61 Cal. 


x INTRODUCTION. 


313; Emery v. Reed, 65 Cal. 351, 4 Pac. 200; 
Davis v. Superior Court, 63 Cal. 581. See, also, 
Ferris v. Coover, 11 Cal. 175.) 


Legislative construction .—Legislative construc- 
tion of a constitutional provision is a method of 
interpretation. (Moran v. Ross, 79 Cal. 159, 21 
Pac. 547; San Luis Obispo Co. v. Darke, 76 Cal. 
92, 18 Pac. 118; Lord v. Dunster, 79 Cal. 477, 
21 Pac. 865; Washington v. Page, 4 Cal. 388.) 

But this does not mean that the hasty and in- 
considerate legislation of three winters -shall be 
conclusive of the constitutionality of such legis- 
lation. (People v. Wells, 2 Cal. 198, 208.) 


POWER TO DECLARE STATUTES UNCONSTI- 
TUTIONAL.—A government with no limits but 
its own discretion is not a constitutional govern- 
ment, in the true sense of the term. (Billings 
Paola eal) 

The constitution is a law, and must be con- 
strued by some one, and the judiciary possesses 
the power to construe it in all cases not expressly, 
or by necessary implication, reserved to the other 
departments. (Nougues v. Douglass, 7 Cal. 65; 
McCauley v. Brooks, 16 Cal. 11.) 

But where the right to determine the extent and 
effect of a restriction in the constitution is ex- 
pressly or by necessary implication confided to 
the legislature, the judiciary has no right to in- 


INTRODUCTION, xi 


terfere with the legislative construction. (Nougues 
v. Douglass, 7 Cal. 65.) 

In declaring a statute unconstitutional, the 
court cannot interfere with the exercise of the 
political power of the legislature. (Nougues v. 
Douglass, 7 Cal. 65.) 

The courts can declare a statute unconstitutional 
only when the question arises as a pure matter 
_ of law unmixed with matters of fact. (Stevenson 
v. Colgan, 91 Cal. 649, 27 Pac. 1089.) 

Therefore, the constitutionality of a statute can 
be determined only from the facts appearing upon 
the face of the law, taken in connection with mat- 
ters of which the court can take judicial notice. 
(Bourn v. Hart, 93 Cal. 321, 28 Pac. 951; Ste- 
venson v. Colgan, 91 Cal. 649, 27 Pac. 1089; Con- 
lin v. Supervisors, 99 Cal. 17, 33 Pac. 753; Fow- 
ler v. Peirce, 2 Cal. 165.) 

But, while the courts may declare statutes un- 
constitutional, they have no power to avoid the ef- 
fects of nonaction on the part of the legislature. 
(Myers v. English, 9 Cal. 341.) 


Presumption of constitutionality.—An act of 
the legislature is presumed to be constitutional. 
(In re Madera Irr. Dist., 92 Cal. 296, 28 Pace. 
272; People v. Hayne, 83 Cal. 111, 23 Pac. 1.) 

A statute will not be declared unconstitutional, 
except when the conflict between it and the con- 
stitution is palpable and incapable of reconcilia- 


Xii INTRODUCTION, 


tion. (Stockton: ete. R. R. Co. v. Stockton, 41 
Cal. 147; People v. Sassovich, 29 Cal. 480.) 
Where there is a reasonable doubt as to its con- 
stitutionality, its constitutionality should be af- 
firmed. (University of California v. Bernard, 57 
. Cal. 612; Bourland v. Hildreth, 26 Cal. 161.) 
- An act is to be so construed, if possible, as to 
make it constitutional. (French v. Teschemaker, 
24 Cal. 518.) 


Conflict with the constitution.—In passing 
upon the constitutionality of a statute, the court 
is not required to imagine some possible contin- 
gency in which its provisions might conflict with 
the constitution. (Woodward v. Fruitvale Sani- 
tary Dist., 99 Cal. 554, 34 Pac. 239.) 

In order to declare a statute unconstitutional, 
it is not necessary to find in the constitution some 
specific inhibition which has been disregarded, or 
some express command which has been disobeyed ; 
but if the statute is contrary to the first princi- 
ples of the social compact, it is void. (Britton v. 
Board of Election Commrs., 129 Cal. 337, 61 Pac. 
1115.) 

_» Nor is it necessary to find some specific inhibi 
tion which, in precise language, refers to the par- 
ticular law. .(People v. Lynch, 51.Cal. 15.)° .::' 

But the courts cannot declare a law void upon 
the ground that it is contrary to the “spirit and) 
policy of the constitution,” unless it is at variance 


INTRODUCTION. xiii 


with some express or clearly implied provision of 
that instrument. (Cohen v. Wright, 22 Cal. 293; 
Pattison v. Yuba Co., 13 Cal. 175.) 


Conflict with another statute—The constitu- 
tionality of one act cannot be tested by the pro- 
visions of another. (Reed v. Omnibus R. R. Co., 
33 Cal. 212.) 


Motives .—The motives which induce legislative 
action are not a subject of judicial inquiry, and a 
legislative act cannot be declared unconstitutional 
because, in the opinion of the court, it was or 
might have been the result of improper considera- 
tions. (People v. Glenn Co., 100 Cal. 419, 35 
Pac. 302; People v. Bigler, 5 Cal. 23.) 

The motives of the authors of a statute are 
equally immaterial. (Stockton etc. R. R. Co. v.. 
Stockton, 41 Cal. 147.) 


Beneficial character —In determining the con- 
stitutionality of a statute, its beneficial character 
cannot be considered. (Marsh v. Supervisors, 111 
Cal. 368, 43 Pac. 975.) 

On the other hand, in construing the constitu- | 
tion, the courts are bound to suppose that any in- 
conveniences involved in the application of its pro- 
visions were considered in its formation, and ac- 
cepted as less intolerable than those avoided, or | 
as compensated by countervailing advantages. | 
(People v. Pendegast, 96 Cal. 289, 31 Pac. 103.) © 


Constitution—jj 


xiv INTRODUCTION, 


Impracticable statute.—A statute may also be 
declared void if it is impracticable. Thus an act 
providing for the appointment of three disinter- 
ested freeholders in the city and county of San 
Francisco to form an assessment district, which 
might include the entire city and county, and to 
assess the lands of the district for certain improve- 
ments, is void as impracticable, since it would 
be impossible to select disinterested commissioners. 
(Montgomery Avenue Case, 54 Cal. 579.) 


EFFECT OF UNCONSTITUTIONALITY—Sep- 
arable provisions.—The mere fact that certain 
provisions of a statute are in conflict with the con- 
stitution does not necessarily render the entire act 
void. Where the court can see that an act, after 
eliminating all unconstitutional features, is still 
such an act as it may be presumed the legislature 
would have passed had it known such parts were 
void, the remainder may stand. (Dwyer v. Park- 
er, 115 Cal. 544, 47 Pac. 372.) 

If the different parts are severable and inde- 
pendent of each other, and the constitutional pro- 
visions are capable of being carried into effect after 
the unconstitutional part has been eliminated, and 
it is clear that it was the intent of the legislature 
to enact these provisions irrespective of the other, 
the unconstitutional provisions will be disregarded, 
and the statute read as if such provisions were not 
there. (Hale v. McGettigan, 114 Cal. 112, 45 


INTRODUCTION. XV 


Pac. 1049; Lathrop v. Mills, 19 Cal. 513; French 
v. Teschemaker, 24 Cal. 518; Mills v. Sargent, 36 
Cal. 379; Christy v. Supervisors, 39 Cal. 3; Mc- 
Cabe v. Jefferds, 122 Cal. 302, 54 Pac. 897; Rood 
v. McCargar, 49 Cal. 117; Johnson v. Tautphaus, 
127 Cal. 605, 60 Pac. 172; People v. Whyler, 
41 Cal. 351; McGowan v. McDonald, 111 Cal. 57, 
43 Pac. 418; Cahen v. Wells, 132 Cal. 447.) 


Inseparable provisions.—Where the constitu- 
tional and unconstitutional provisions of a statute 
are so inseparably blended together as to make 
it clear that either clause would not have been en- 
acted without the other, the whole act is void. . 
(San Francisco v..Spring Valley W. W., 48 Cal. 
493; Reed v. Omnibus R. R. Co., 33 Cal. 212; 
Orange Co. v. Harris, 97% Cal. 600, 32 Pac. 594; 
Wills v. Austin, 53 Cal. 152; Purdy v. Sinton, 56 
Cal. 183; People v. Perry, 79 Cal. 105, 21 Pace. 
423; Marsh v. Supervisors, 111 Cal. 368, 43 Pace. 
975; Lathrop vy. Mills, 19 Cal. 513; Pioche v. Paul, 
22 Cal. 105.) 


Contracts and other statutes—No repeal by im- 
plication can result from a provision in a subse- 
quent statute, when that provision is itself devoid 
of constitutional force. (McAllister v. Hamlin, 
83 Cal. 361, 23 Pac. 357.) 

A contract entered into in view of an act later 
held unconstitutional is not made under a mis- 


xvi INTRODUCTION. 


take of law. (Cooley v. Calaveras Co., 121 Cal. 
482, 53 Pac. 1075.) 

But a contract entered into by a public board 
or officer by sole authority of an unconstitutional 
statute is void, and not subject to ratification. 
(Phelan v. San Francisco, 6 Cal. 531.) 

The legislature may refer to an unconstitutional 
act to indicate its will in respect to a constitu- 
tional purpose. (People v. Bircham, 12 Cal. 50.) 


TABLE OF CASES CITED. 


A 
Ee 93, 94, 102, 104, 248, 341 
EIR MEEME ESPMOOL IY ©. i'2?','.*. "o's 'a'g's'n a's ect bis ct cables alee 5 
INI EMUEMPURTT Sloe ee ss Ce isle eb Ge hes ode see dite 147 
SRI WE T58 IDIOT 12 ed et. Se EE 14, 297, 3 
CM OR TIGR Dt eg Peco ea or ob eliss 25's 85, 86 
SOS Ce eee Aree ee ree 72, 341 
ISP MOTLEO 25 5 og Sats Celt Hea ee vee Joes ok ix, 185 
PRETO RUS DIAILC..", 0's ‘no's 'e's'c'e'e'e'e's cee ee to, Stl, BAZ 
SUES OS Cy CO Ae a A 255 
SP EUED OBER TNS 2 Ft os ah cinta! telat aveTa c's wattle s 222, 245, 247 
Albion River R. R. Co. v. Hesser...............2.. 38 
ON ORE Pe EN 6 | 2 42 
CESAR ts tisk s ok kD of. SR CIN . AEDS 42 
ES Ee eres eee ee ee ere 162 
Allison Ranch ete. Co. v. Nevada Co............ 316 
URURMEE ER MOOACOMIFS 22.6205 b 4s bos es COI Y. OISAD 
managoe Go..V. Kennedys 665 cece Voce e ei wees 104, 251 
emroreeie ew. TSVIMNCS. 255055552088 ELS. Pe 42 
peonermoney: “Pe Urioste:.: s.6cics252 00 tet. le3 223 
ee ete ME NOTCG 25 go c-6-5 cs vata SPAN a 6 
Perr NUNS ATT gs Stes c ess i eee ees ote JL 4, 6, 16 
EROS Soles So hs Sls Secs els b o'p fo wie se 9 
ree ma reieg GLC. 1. HH. COs. i ot ee a ee ee 222 
eretieewrsan “EP rancisco....'. 2666620 et . 262, 332 
EMER AUR STATO Der ceic of ss pn a cle be cs Ss eS bere 176 
nen WAVE SESPURPIR SG = 5 hs 3 ks 3 ie a te eg 5 aw he Lathe 156 
meriteewo- NOW @TICANS: ti... 52505 05 oe a TO 99 
Arroyo Ditch ete. Co. v. Superior Court......... 164 
PRM E TALLINE: 36224. ssi. os oe bw e's bet deme 178 
Attorney General, Ex parte................. 146, 153 
SE RESIN 0S Soul, can re ae, Salata ee ee mes 162 


Xviii TABLE OF CASES CITED. 


B 
Babcock vy. Middleton: ....... sc’. see eee 44 
Baggett v. Dunn........ 2006s 50 50s eee 89, 91 
Bailey=-%. SIOaN s,s. see's 0 es 6 sree bene 156, 157 
Baird, Matter. of... ...:. 2 secs 9 01s 0:0 6) senna 77 
baker -v. Portland. ...... 4% <0.» «ss 2) enn 341, 342 
Baker v. Fireman’s. fund Ins. Co-v...... aaa 286 
Baket ‘v} O' Riobdae a. od 4. it. . a0 § Aso He a ee oe 26 
Baker vy. Southern Cal. Ry. Co..... 2 ses 5 a 149 
Baldwin v. Hillis... 2.05%. 6 soe cas eee 317 
Bald wa Vi = ZS oo aistel dso ops een are 113, 114 
Ballentine v.. Willey. ........+. +s seni <eteeanaene TT 
Ballérino v. Bigelow...) 220... 32 sae 170, Lis is 
Ballovs Wenthebd. 22. .o7 6. 2 ee 3 ce 5 6 oe Se 345 
ala z Vie mlilieee tee. ieee 29, 40, 224, 258, 268, 306 
Bank of British North America vy. Madison..... 285 
Bank of Mendocino vy. Chalfant... 3.7.52... 80a 298 
Bank of Sonoma vy. Fairbanks.......4ases-me 253, 280 
Bank of Ukiah v. Reed............» sain iede eee 
Bank v. Pacific Coast S. S. Co. .... . déeeacwen eee 277 
Barnes’ Vi. JOUES. ... oo 0.0 »+.» 6s » stp jeden aes eee -93 
Barney. v. McCreery. .........- +... «vivivin sail 7S, 235 
Barnitz v. Beverly... ...... 2.0.0. 00.«=.0«.<.5,0ih Senne 46 
Barry, DX Parte. ... csissiswies ¢cmele othe at Sapnee ene 12 
Barton ‘v.. Kailoch. .....°.......... ate 214, 354, 366, 367 
Bateman v. Superior Court...........sueee eee 159 
Bates v. Gregory....accsececues au acute eee 43 
Bates v. Porters: sis foo ote teas eatin eee cows 44 
Baum v. Raphael. ..........ee ees «Reelin eee 98 
Béalaivy. Amador Co...... ..,t#desisee oe 68, 211, 304 
Beals .v. Supervisors.........-sé¢a4 oes oe cp 211 
Beaton v. Reid... 23.6. 00« ads.ete ¥ cess oi eee 334 
Beatty. v..Gillbanks.,.....-...+oPsaiee ae sce fraleys 
Kee¢kinan v. Skaggs.........++..4 atau joao aeaky 47, 311 
Belcher v. Chambers.......... + «+ « sani 26 
Belcher vy. Harren. « .sc% . 5% © ie» aible opine 335 
Bellows Crippen. ..... <0... + ewido nth see << ¢ ee 
Benninger, Ex parte. .......... «ssa -ieeee 251 
Bergevin: v. .CurtZ............ ss eof appre 56 
Bickerstail: Lu.Te. ....< s vss Ronan + .09¢> (Cate ee ante 
Biddle V. Oa8k®.%:. endccswiste 9s 6% « epkie oeeee 302 
Bidwell v. Babcock: ........... .sscseikieeen cee 278 
Biencourt v. Parker... ..qia00) stdin ivy ieee 80, 88 


Bienenfeld v. Fresno ete. Co....... vt afte ois an 149 


TABLE OF CASES CITED. xix 


MUTE ISALECTING c's so ele raeies o/s SIMO be dk baw 32 
DEMME WV CIS OD ZIG s coc cccracodesteiiee ad weave 263 
DOMES RISUOTO OL s cise sesesacces Lilledsls ode dade 49 
MILAN As cae sew A NA Awa Wola bid dled ade x, 3; 47 
eI VO ELADVOY csccee rece crccsdiedidcacdabisll 98 
REE TURTLE Gn fara fata 2a) Wharatatata tafe ‘ated entata'n eon a Lest de 4, 6 
mare Vs Oaklands sic ci sec cares seas Feed blest 354 
MiIshop Vo Superior Gourts oa ae hss eM a. 155, 166 
erm yi ee, nO. Be Ri Osc dee ca COTA. 287 
ene PY ER ELELE 8 he. area wie ete vow inte steniias babes 271 
Peromemerar Ve FAArtwellidscvcctae sv UU. 234, 237 
NEE PES OWUINALD 0 55 5 aie crarerere eed chika bate ecclesia 141, 143 
DEIPEVOOILOUPCrS ices tac eee che eee baus 189 
Memeeees Vo BSUET ec cece ects ve elel 69, 118, 303 
ITE PM BOC Oi SNe a8 8b 0 5 00s a veld tbe esd teas 80 
UN NECCAREDY : sis scissile el Ve be sted 258 
SPORE VATE WISts Wisi seas ieee. 15, 108,.112; 212, 217 
Board of Directors v. Tregeassesevivcicccst ects 30 
Board of Education v. Board of Trustees....... 253 
Board of Hducation v. Fowle?.......6..5...60e0. 198 
Board of Railroad Commrs. v. Market St. Ry. Co..292 
TT EOV CPSU DCTYVISOIS oo ele twelve ee Neuse. eG 70 
PICMG) VE RECGsissccciecescestaade cece cbse 164 
ReemOns Fuk PATTEL Os 5 232 CEES ct ed ee 249 
RIES A TRCDOT AS ET, S . wn se oo uso ocus eo cs eeie's sone 147 
Peeruremew. ssalita) DATDATH. .... 0. 0 ce cece ees 27 
ews IOV ROG) DANK s,s... 000 0c evinlslold sl old dba 276 
Peto vin, ete, Co. Matter of.... 0 ccd. eects 93 
NN POR TIRTCG <5 cbc crew iw view oe Siblidthels «th Jhbaviae 244 
Seer I LLOGDerIb ide ald. oe dk oo vii, xii, 57, 60 
NW oe Ge A LES ho io LLL ISTR CS Vo a (al ded dé xi, 417, 119 
MMMM ER TED oi oy cscs ener nn BAD Uo ho Ab da a bles witi 163, 164 
Boyd v. Southern Cal. RY. CO... ois ceeds tee evees 166 
Boys’ & Girls’ Aid Society v. Reis.16, 90, 187, 199, 257 
TemeLord Vesa. Wraneivéo.¢ .diesl ele at 263, 264 
MCGEE) We WRLUA TROL. Sul do oF. AS Dod Ie Eni deldie ddtdeld 346 
IM UES OU Ge oct RSS ks do Rie Rig dhe Ale what. Fea we 156 
SPIE GS RNIIO' ite aia s ecco d eave Cones Od. ch 20204 
amy ov. e hammes-Mirror: CO. 6.66.6 0 Hee se Pai 286 
SIU O@LTTY Wat FI OMG, ook ooo once stds la oh eas LUNE 30 
SI EEEII EY PS UOLY oo wicim 0 cil wale, clave wale wee de 3, 34, 35 
EIEN! LE AUHLOIGING 5.5 dies oo bie o afte biment ) 4 eel 186 
Britton v. Board of Election Commrs...xii, 52, 53, 59 
IEP EAT NICG Gs, iw ca 8 4 he as ce ee A. eel 166 


xX TABLE OF CASES CITED. 


Brooks: vy. Fischer. < .....i< «alten 67, 235,286 
Brooks .V.. Hyde, ..., 0, «,0:0.0)0.01 0.010.015, che Rn 14, 16 
Brooks v..Melony....... s/s.» sls 4.0) ene nen 127,/188 
Brown.v.; Campbell. ......+.25:+0 5+ seine on eee 172 
Brown -v., Merrill... .....,.< «on,< «015 ee 215, i; 207 
Brown vV. Nash... «05.0502»... 05 5 stiieee nnn 19 ¢ 
Brown Vv. Rice. . 24%. os 2 6s os oe + 5 piblele teen 165 
Brown v. Supervisors. ..... ssi ole wut se elon eee 32 
Browne. ¥. Dexter. 0... 20s «onl lle ate 0 omeehe teen oT 
Bow Ss OUsercce. soe ce te ae Crit eo 88 
Brauch yv.. Colombets :.....024 <, tia eee 15, 110, 195 
Brumagin, v.. Tillinghast.....:.::.. 23 Gee cee 300 
Brummagim vy. Spencer’ ,'... +... +a eee 178 
Bichety., Wmureka 7.) oo. sess + ce area oie te a 241, 264 
Bulger, In re... ss ssh s> ee os 00 > 0 00 oie 346 
Burbridge, v.. Lemmert.....:.... ect eee 312 
Burgoyne ry. SUpenvisors........0.+.. 0m 61, 63, 145 
Burke v. Badlam... 2. sida s: «af elcleeeaneee en 301 
Burke, Hx partes)’. 26. test <3 dense 6, 16, 102 
Burnett v. SACramMentoseses .v wee +. 805 DUO; on 
Burro v. .Carbondales ty... 2c. soi aioe 241 
Burton,. Estate OL%6, 5.00.6, <.0,2.5 ,..5.0,<, See 160, 162 
Bush-v. Linsey... . cae cece sens SeEee ee ee 161 
Buswell vy. Supervisors. ....... .. «««e;eenes eee 317 
Cc 
Cahen Ve -WeLS. . . 2. sss 0 0 setetenh setntnanennEy armen xv, 352 
Cahill)“ Bx. parte... .. 0F. UR ee cae ae 20 
Caldwell. v. Genter... .sve0 «ee ss Ole Lend see 183 
California etc. Co..v. Mecartney..02°E. .o) see 308 
California ete. Co. v. Superior Court............. 169 
California. .ete,,. Co. Ve WIS... 6.6.00. scocesere te na ee 310 
California Iruit ete. Co. v. Superior Court....... 368 
California Southern R. R. Co. v. Kimball........ 38 
California State Bank v. Webber....«.......... 312 
California State Tel. Co. v. Alta Tel. Co..... 51 2t2 
Camden ete. R. R. Co. v. Briggs... 70030. o eee 289 
Campbell (Wx. Parte. J... ese. ta. ee ee 244, 248 
Campe v. Lassen... 6.66.00. 0.0 i 155 
@amron ‘v.. Wentield.......... 0) ank ee 152, 168 
CALOY Ve TUCO e 5. ese ce ce ccs kes ere beeen ot oroe ob on olgsnOnO aes ap ae 
Cariaga v..Drydenss.......... sae 153, 178 
Carpenter 'v. - Furreyi..? neo. Sa 96, 104 
GATVILLO; TM TOs ox oii ot oh) oi ober ohn! ob oy abot! ot opr a eta 222 
Carson v. Central Pac. R.-R.. Co... 0000.) aan 33 


TABLE OF CASES CITED. XXxi 


Case Plow Works v. Montgomery............... 279 
PEEL eY ES TLOOGs cece see OLR. OSIRIS OAint 114 
SME ets DULNVAN 6 os RBI L. Od. TOO 9, 151 
MCR ASE BLLO & coe) he abel er lakes aitioiale aisle dete Dell Wal ihe 160 
metros Michardso..% HOO wt SIN al Manes 162 
2 6 Ye) a A PA ee 145 
ninnela-y. Stevensis <0 glk. on ls 170, 178 
Semtral ete. Ri- Co. vi -Statewvwns oo Mion wees 97 
emer. sist. ¥. De Lappe: .'.  ING oN. IM 33 
PRT E18 e TN TR i POE MONE Se od ASIN 31 
Central Pac. R. R. Co. v. Board of Equalization 
gO ae er 298; 310, ‘811, 319 
memenler ac: kh, R.. Co. iv: Placer. Co.....:00% Ue. es 317 
Chambers v. Satterlee............ 29, 40, 268, 305, 306 
Seep yee Morrisis:). i.e bo , Do See ae 45 
MMNEIILIRO WEN RS LELLO af 5)6 6. dd aa alae vce occ ves cas uwohl ots 118. 
manner Vo Poy Longe.) 62. at. OM ND 341 
MIO FPO PATTC 6.5... PII. oe UR 246 
Chieago etc. BR. R. Co. v. Haggerty...00 0.6 2 e's 287 
mcaco ete. BR. 'Co. V. LOW. ee eo Sa ol 289 
Omcago ete: Rs KR. Co. -v.. People. vi ee. 289 
Chico High School Board v. Supervisors......... 196 
Wea, US Parte. is cee cease eee Uses « 102, 106, 246 
MPEP EVENTAT Vs ESO WIAD a) 0he55resarcretere cisleielele wate ole ols ll efale 1389 
Vs “IATICIOTSOD «> 6) 6: osereh ore! oni ctte shetelere ov lee coe ble 78 
Christensen, Ex parte.......... TP, Oe Be ee 244, 248 
Darietian -v. Superior. Court... ca cle ws ole 157 
Christy v. Supervisors..... COR SRS FOS 
MBs SCONE IY 906 857 o0arerate“eterotatwetatetatelelehetecio chelae s 173 
EE EIS IA EEO os ciccciias ene: cboverene Abita gar dade POs oe Ss ts 14 
ITER TUCGN beictats wondon ca isiisvaivins sae occ Slalldntd »'a'W''e Cath 24 
RE CLT Nba inicteresessaccterecIttb te wth SLs Se 160 
a A SEI ee Pe ed PG 24 
URE at I cic aie velo wine « FUME, YY. eee BO 
MUTT RS OES. ba da re 5a is vc fave 550.10 soso se vole WIS MDM w oe o lly ti’ 78 
EE AS CTO IMR. Ge Aaa oe WI le 02s. at 302, 316 
MRED DARIEN OSs aisvevcloicrescceovorerondb bcebltl siete 13; 111, (102 
EET SU MULOIIOULO bn eos wade em ow See. SK TSS 354 
Cohen. y.-Alaimeda. ..'...0.'.. 74 sti 29, 40, 268, 806 
Oy ea eS ky OR RM Ag 24 
Cohen v. Wright........ xiii, 4, 5, 24, 42, 48, 189, 345 
omer ewentrali Pac. .R..R..Co. .2kinuin.!... 0. eee 
EE BANS yo aretce el as/ccsees sv a 0) gcer sis simansie,oc8S 25) 50,5113 
EE BRT VER LD oer «) arch siarareto eversvern; or avocde Midelatt d,s he ETO D. 


xxii TABLE OF CASES CITED. 


Colusa.Co. .v. Welchyaiicu.ik>h ya pleeel cu eee 128 
Commissioners v. Trustees. .....i.cemen ome s 256, 358 
Commonwealth v:. Addison.....«.dgsieeletue + se oe 86 
Commonwealth v. ADlL........4.:..5.5.5.0p eee oe 189 
Commotrwealth v. Halloway....ic<kyeeseeeeeeee 189 
Commonwealth. v.. Hilchman...... ..;<,ige bee eee 189 
Commonwealth. vy..Pyle,...+++»++» sae) same eee 88 
Commonwealth y, Shavers so... sss 3* sas ee 349 
Conant v.. Canant.... .cscm 2 otk .waeeee 147, 152 
@oendict.v. Police: Court. << hse ‘pel b oye eee 258 
Conift vs Hastings. Jxiucctd.. .)s. 696 SP gee 40 
Conlin yv.Supervisors. xi, 108,110, 112, 117, 118, 119, 257 
Conner, Un ree a. ese ls Pea] she ea ee 170 
Conniff. y: San. Prancisco.......,..0.esniee a eee 36 
Consolidated Channel Co. y. Central Pae. R. R. 

CDOs ws Sa AE a Gin e's was Co 34, 35 
Contra Costa ete. Co, Vv. MOSS. .«.). s020. 52 oe 34 
Converse v. United. States........... bien ose see 88 
Cook: v.. Cockims. .etewwas bl . vy. Hs 45 
Cook v. Middlesex... <..:5 «cl.» «4s-mie re oe cen 189 
Cooley v.. Calaveras, Ga. wd : s.2/ sip ols alas ee xvi 
Copertini v. Oppermann... J.o.0.feee eee 166, 167 
Coppinger’ v.. Bice...........< «+ « os% «dy Bee ae ae 160 
Gorcoran.y. Benicia...) «s+ os. eee o lamiee 36 
Cornett _y, . Bishop........,....2,..,0,. ds:supteeeia eas alee eee 166 
Corralitos .etc. Co., In re.....s5 bee ok oe 174 
Cottle, .v.. Spitzer. ....«-skisis 2. dis eee «ee 297 
Courtwright v. Bear River ete. Co.......... 145, 159 
Cox, EEX Dartes.coceewovesevereonceveeee Th 
Coxe: -v. MeClenachan 2... 1.10206 .as. dee ee 80 
Coyne: Vs -RENNIC 6 6.04. wise & sw eed 238 
Grail: v..Poso. Irr. Dist. . 0... ...<. 006.) ene 33 
@randall wv... Blenwis . od. cs o ows bas ee ce 148 
Cramtord vs Dunbar. ...... 5.6). eee 87,384 
Greighton. yi Manson... ..<a.<ssoes cee -..40, 305, 307 
Greighton. v.. .Prag?....s ss. Jaas > ole Ce 42, 48 
Crely-v: Sacramento. ....... 0... 2.00 .s ese alee 65 
GOS DVM UAH OUR ooo os ie: op elel ores: 89) Sheed 194, 800 
Crow v. San Joaquin ete. Irr. Co. .i: igi se ae 323 
Crowley V.Breud........ 2... «0 00 0» «sili enn 226 
Cullen v.. Glendora ete. Co:........ ieee 106, 170 
Oullen v...Langridge. ...'...!..i. sme Tee 166 
Car tis, 1 20.6. ose retcje peter jorsneseye o/asseeeewen een 86, 153 
Curtis Vv. RicWarids oo. co.o:.0:5:sie.0 01010 0.0 due ue ee 138 


TABLE OF CASES CITED. xxiii 


D 
SEGA eC OOOL ATE 5's SID PTA aie lid onile - 90 
Pee eu perior COUrt..cccccacens leh be ead pray 
INE Barta, @ ORE UIN 0. <.nele dad aie ce tide Ble oe BE 276 
PROTEUS OMAVOL sn ce nue cnddeeraenie 108, 220, 221, 241 
Dashiell v.. Slingerland........ceeiesses 147, 148, 155 
RN WRAP OU 4s Fa ares 3:4: <, 80,4004 & HORII Soh, RUGS 5O 
iavidiy. Portland.W. Go..scess. HOT Raihe.. 59. LN 99 
ey PANGS sy doc cece cas ce oh. Ve S 143 
MMBC SEMTLEDERTIIC ATL #15 J od ved cee sae oo UNSIS. LY UR 277 
Davies v. Los Angeles........... 27, 94, 102, 222, 257 
DOMMES UIDCTION COULT.....cecceccsccenceacevcs x 
IRETLACACIOT) ..., 5 op «Wise dee cer.geecccev ecules 84 
ET RLCES AES oy db onde ccecalw ciere A ams cle ove bisieats 312 
MRIEA TUPLE. Dia y ou. « wreldierey dink obs sfviweyeld » ow wsic 60 
Seemrsaeerry. TAIWAY CO, 2.2 00.00 00 0 iseivwnht 35, 37, 247 
ITEM SUES ooo sachs wleie.o.0 0.0.0.4 bere vieud it 162, 163 
SPAT UL Wu DVLATQUCZ. 6.6 ccc ccc cease te Np ei (Ue ot ig 
De La Montanya v. De La Montanya............ 26 
RC HO DATUC A u. cic. «oleic Yo © phfe enema esr sid «Wye ay oe 249 
ERIM PMP ISPOUCTICK «5 «a0 0500 0's 6 «8 ein 105, 219, 221 
PMU MUIDETION COULt 6 att. ance fe mret t/dirtle «ye od apes 277 
Re NEY CULO os Os ns x oo ya's cpanel » aut cldctole 45, 48 
MOSEL hoa se ois 's oa e's 0 0d os mbrerne 0% 2 el BD 
MRE BUPA LOY CNIS 2 1250's is) o's Sele che diene peta 156, 157, 277 
Desmond vy. Dunn......... 102, 105, 220,.223,.227, 35 
Deuprez v. Deuprez.......: POP et ee ee 164 
Re TEY Se ATICLOL SON 6 sas)o: eras. comaieia a ne eke, bad « ape eyes 60 
RDI RUE REI USSD Seth nS oc ncsleesccctaasecceus 330 
DeOL o PaVIN DIGI: a ex's dialed « bisad nee e244 sw hide an 3 
NNN CELA Saleh sola (a2 o)'a) avnai'0i4 a)e.si4 so. 9/0 8 ae ebwanegs 296 
Gl Vaan) Hh TATICISCO oem ties! He acaiew eh en bares 93 
MMO LAMITLOUTT os on wee cess cons Sd owalt « wes G4, 70 
IIE ESTE AR ELS 0. ala e'oic w alle'e ole # ei wicte eb eveheloneeete 9¢ 
Somme vy. Commrs. of Erie Co. ..c.. 2... ccc deuce 5 
SNe ee LIAS OL Bool) ico a js vin le,c Bie ee Wb dee 149, 179 
een SE TIAT Ct SR. ecb ces ce eee tence 99 
SUL ae TAT 1S. steele es ote elese%% See ee ee Zou, noe 
IT ICY oe cSt ese teks ue tee tere eco 310 
Ee DT ee ae eee eee ete 168 
MEE PISO CU OUST eI EBUIE cs oe cic 2 ss v0.0.0 0 ce erdicle eae 269, 360 
MEIMETNNET VOLE io ite oh .. nc ccs cae oa cen ee oe cteaee 97 
PEPE CLS eet arash: NAD OOO as a ieee ee 368 


UV STAC ETN Sein s tec no. 5 aia te Fa ents Reena aie anes 166 


oo 


XXiV TABLE OF CASES CITED. 
Deugherty v. “Austin: ..s:.a anne 14, 71, 240, 216 
Dougherty Ve BArtlett i. 2c Tce: oh ace aioe 161, 163 
Dow v. Gould & Curry etc. Min. Co......... 347, 348 
Doyle -w.Austin «2.2 .6..c00. 0 SUR 299, 305, 306 
Doyle Wo Seawall. ...... s/s cs cle ica 015 Dae 148 
Dressler, (HX Parte... s)elele seve reso WE. «a Weed 8 
Duke vv. Huntington. .. 2.0: os» aidhe le cle elsls le pene 278 
Dumphy vs; Guindon .. .:5 os «0 0 20 unm 5 eee 147 
Dunne. v.. Mastichk.. .. 0... sink ood = Siemtnheeee eee 48 
Perein. va Nealact socks cacerene ao a OLR 142 
DUS. Ve Hero asain oe dite: 05s nui Se 186 
DW YELrcVAHArKeriyes oa ie ee Oe xiv, 15, 111, 214, 215 
E 
Eachus v. Los Angeles ete. nhs Co. oS Pere 32, 35, 36 
Earle v. Board of Education... .98, 109, 110, 111, 195 
Exton’ vio Brown... s'. sc e's see ss vtec seen ater 14 
Ede v. Cogswell. ..'0'.'s's's o's! e'e%s ote netete cl etentnae tata 268 
EBde'vi Knight oe ce tac cccsce sect eens ane 43, 268 
Tedsall''v:* SHOLrty fo ee eee oe cia tl oe ee 149, 177 
Hdson ‘v. Southern Pac. Coc vs. sere eee 289, 293 
Edward’s Case. i... ..5 3S oa es octets eae 80 
Hidwards v. Publishing Soc... 2.20. 2. see 12 
BE? Dorado v.:Meiss:t 5223522 )thetaene eee ZIT 255 
bllis; Ex' parte. si 0562585 06 oe 4 
EHMtzroth “V. Rye 2s occ cs od onl et eee LTT 
PomMery-V."Draurord.". vee. s+ ss sta See 29, 40, 268, 306 
fomery: Vi." Reed eerie ce ee ce ee Clenitan ann nn Bs 
imery v. San Francisco ete, Coo. ys sss eee 
Oa ree See eet eerie sae 29, 33, 40, 268, 296, 305, 306 
Escondido High School Dist. v. Escondido Semi- 
MALY So races Soe eee cee cect 0 ieee ost Sere 112 
Executive Communication. 222.57. . 5 39 ce ae eee 85 
Texiine'v.: Smith. os. ss ose fos be ee ae 10, 64 
EF 
Hanning y..Schammel....... .:'« « ss seiseeeeeieeneee 254 
ELOIAT SRC LOCO. nti ica scence oon mate ails 297, 301,, 302, .aL0 
Fairhanks v. Lampkin........».« » «s:5shheeneeee 150 
Hairchild -v..Doten ..... . 2» ss ss » ss, supp een 150 
Farmers’ ete. Bank v. Board of Equalization..... 316 
Farmers’ Union v. Thresher... .. .s sae 152, 168 
Barnum vV. Warner. «oc. ++ ose « 04 6/0 eee 104 


TABLE OF CASES CITED. SAV 


SEP NUTOIMCTLO so anc cee ees ec i cote ese enes ool 
EE SEBGCD cls cc eo tisne ee ese vee ee’ 96, 254, 297 
Paymonville -v.. McCullough... cece cee ees rad ¢ 
RG SV) LP DLOT i 5:0 10-sctetetatetarateteraterers ele iers et galeben 144 
Seienlins HX Parte... so sebbwweiesd 247, 250, 352, 353 
2) MPINTON, OK: POTCEs 6 i eee ek Cee ew eee ces 19, 20 
POOCRUSON Vi SHErMAR: 62. civic ecase eee sees cee 276 
POTTS VW. COOVOT A ect eee eset ee cteeens x 
PS Ee a ee ee ee ee 9 
Wwe Abe -COMMNIS.; AN TR. oe cece eee eee estes 190 
First Nat Bank v. San Francisco................800 
Wigher ve. Police Courts ssc ces esi scisessces ce cded 105 
MBE Vs FAIS -CreGitOrs. +... ieete ccc ese ecicccess 150 
IU APUG A, We eee eee ceweens 70, 248 
Fitch v. Supervisors...... MWh ditch oes toe 186, 326 
PitZOrald. V. Urten.......ceeutiaescee ccs ctucees 155 
PPMTNOTE Gy TLC NAL Ab eee eee e ec ces eee eeteeeeeeve 247 
Mretoher V.- Prather... wwe we cee cece bewas 98 
TMS HV WIIBOT ec ee eee teh oe ese weet ecces 164 
IOV GSV  MOQDGING s Cisco ci ere lee ee lee ees 43, 47 
BM WEP MIMEV A AS Ree SS ER ae ete eet occ cavees 26 
BPO TPES WELL oho cee or elereie erete Sees coe we eet beoead 123 
OO RSC OL a a a a are ae ne wh 
Foster ‘v. Police Commrs............ 48, 102, 243, 247 
RIO OMCPEACECE S555 2 5550 co ee re eb eRe xi, 84 
‘ox v. Hale & Norcross ete. Min. Co............ 279 
MOx+¥- Western ete. R. KR. CO... 0. ccc cc ee ees 37 
dprawiey -V. Phelan. 6.6560. c ec ees 108, 228, 224, 225 
WPPAREGISC VW. DOTAPS: ci sk eee See eee eee ce ee ee 95 
POPE Y.« BUDCIVIBOTS si fea. be ee ce ec ees cees 226 
Wrankel -y. Deidesheimer:: ii .ccs cece tcc eke 141 
Panekiin sy. State: Bo0atd. eee el ee ee ool 
eepnger v0. Wlewander oe. isl feet ck eb ccc eeee 358 
OTM PG) TSA T UG S's wich eo! che'etenele' eve ’eveleve os dle bes ele ws 273 
PP POOMAM -V.- BATMUM.:.:.:. 6 cictecin eeice us tec econ’ 108, 212 
MPO CRIA TL Hs BOUT +. ere ra ere ete ae 'ele tees “n'e ec ccc cee ee 156 
French v. Teschemaker......... Will;' xii, 15, 274, 275 
Mresue-Canal ete. Co. v: Park...........0.31..0.. 321 
Fresno Nat. Bank y. Superior Court..... 53, 167, 285 
BGP GB EA UO OL. + ctrcre ec ce betas ete ceec eens 3, 163 
We Ve LIOR AN ZClOS. «00 ee ele ec cee eeee 223, 235 
PEACE ye OOANYD:. +5. teeter te else te ee becca eecceban 167 
BMS VS DON -Wrancise@: scciccsccs ccc ce. cece ees 225 
eter > PhUMer. ek Pee 2 a IY a 
BOMALOORD -V..- BSPATTAQN.. -. +. +... 0’ 'n “s/n “o's 'n's sew eo k's 004, 335 


Constitution—jij 


XXvi TABLE OF CASES CITED, 
G 

Gaffney. v.. Gough... ......0\p)sis bistele Bie eiel apnea peiaicteteO 
Gafford .v. Bush. .. «0.0.0 *,0«.s ys Se 168 
Galena R: RB: :Co. .v.. Appleby... .... ssisuen eee eee 287 
Galena R..R. Co. v.. Loomis. .,....aseminemeeenee 287 
Galland v.. Lewis. o. 2... +» stem cnn 45, 48 
Garms' vi. Jensen... 4.» ss. ».0+s0 555 oh ales 312 
Garniss.v. Superior, Court... ....5.0.0nm s0\sive wi ee 157 
;Garretson v. Santa Barbara...... ‘anate ot pfatoke gta 318 
(Gavitt v.0 MODL. « » vijeissshssoieyeld oi picts oe aie eee ae 385 
SeOCV MOLE ee bik wich oe «a oo les aie bee 333, 334 
‘George v, .RADSOM..... +s». sls'sisle pints eee eee 348 
Germania Bldg. ete. Assn. v. Wagner........ 350, 359 
Germania ete. Co. v. San Francisco..... 3801, 302, 310 
Geyer vy. Irwin..... Perr 80 
Giambonini, six parte... cece + shee 138, 176, 180, 221 
Gibbs v. Bartlett. ... 5s 550» » 0 »:0ibiste bien <n ann 236 
Gibbs» v. Tally... -b.0eccse secur nls siete jie 
Giddings v.. Blacker... .. «<< ««-« «+», set eleniniee paterre 
Gieseke v. San Joaquin. ..sss05559 5 swan = eee 95 
Gillan vy. Hutchinson...... -o,0,0,0.0,8,0)0 Se 1 Dae 32, 35 
Gillis vy. Barnett. po... 0seee8 2 o2 0 9 90g teen 367 
Gilman vy. Contra Costa Csi sisissisies eens s oe ee 208 
Gilman vy. McClatchy... ........« + « 0.,«, sijHeie as pee 12 
Gilmer v. Lime.Pointsr «xi. <osepionieeteene 33, 34, 37, 64 
Goldberg v. Thompson, s.% i. ple + sjsisi see 335 
Goldsmith: v. San Franecfsco. « .. .. swmisiei: «as ae 262 
GrOTdon. V.: ROSS. . «2.00.00 ayes evsle «vie eh eiene el enn 147 
Gorman v. Pacific R. BR. Co. «... sri sieeeeee ee det 
Gorton v. Ferdinando... ..< «ww isielvesepieneeienee od cahGY 
Grand Grove v. Garibaldi Grove........ a's Ch eta 28 
Grangers’ Bank v. San Francisco......s..)/. 1a eee 142 
Green, LX Parte... .'..c.».s.0:0,0,0,0, +.,0.015 sen 245, 246 
Green) v. Fresno Co. ... .. «+... «.0,0s)éle seed © nen 215 
ésreen. Vv. State. .... <5 seiseic ce 0. 65 eee 134, 190 
Green iv. ‘Superior: .Court. . . . ss:¢/eiesls: siaseeles eee 168 
Green Vv. Swift... .°... cwetis os << 9.«)echeee 36, 72 
Greenbaum v. Martinez. ....0:....% sbeehlsapeeee eee 156 
Greencastle ete. Co. v. State..... ...../isie dele elas 99 
Greenwood v. Morrison... . . ...,ssew djelecten de pieren 29 
Gregg v. Bostwick. «2... s..5.0+s ss 6 sneeeee 3338, 334 
Gregory V. Diggs. ... .s» 's «> #iespien ney eae «i 157 
Griffin etc. Co. v. Magnolia ete. Co.........,%. ee «286 


Griggs -V. Olark. «... 0.0 =. 5s 90.0 .01s.s «19 nel sense 161 


TABLE OF CASES CITED. xxvii 


DOU ICOMTION, 6 cic cd eae eo el0 sd. ot. blister 160 
PME PEP Ee CONNELL Cha PU Tie Toes Teeth sie 316 
NUIRUEREY FORTEOTELCL. 5 sv uiule ware OAC SS. Yale Wie 156 
Grogan -v. Ruckle ...... FEDS CA Nosh add AE RS 143 
eee Ty SAE TANCISCO s die ds fs OVAL 6 AN 6 BBR 42 
See? ELEN TOs 5 K's so 5 8 9 vbe 0's a b-8'8 OS BE seth ol seed 
ET RECO F Fok ose df Odd dive BE MOOEOT he oS MOMS 240 
Gross v.-Kenfleld. .......6: 6 dere HOE Re AR AEB USHS 359 
a ek ELSE 6 0 ora -0% 0a) 0 o'a* w/ereete ovis dle ahd 218, 251, 255 
RCM OEU MASOIEY OY bg oda dec c des os MEM Re Se 31 
EUR OREE BUR LOTIOY F546 dod 60 aia o BAIN nels SUAS 162 
Gurnee v. Superior Court............e00. vii, 155, 362 
MEE DIAL CO okie oro recite diclald watiiacaeee ob dieu 48 
Guy v. Hermance....... wt thas Fotis uta Reds ts hale 62 
DUTP AY ASNDULI 6 dco sd cade ede ES Se ole ole 07518 
H 
OO: HU ecaidsingee Ro -sp Bby ia rates 162 
ER RE PATLCL. . nics ss 0 4,0 0 0 0 2 assis 29, 40, 268, 306 
EMT MeTUDOCLVISOLH « «+ 0s 5.0.0 0,0.0,e1di54% Ca 6 be ais je 68, 305 
NRE NTL 55 c 6 c's 5.5/0 01s c10.0,0.sht.¢ cie-0.0: Advalhe « 145, 146 
menie V. McGettigan.........cs0-- Xiv, 0,82, 213,217 
ie S04 i el a “Gt Gaee ss Ce lel dcce easter 159 
MIME TUS DATLO. oc. cc cs caseess 13,,1.032 216, 221, 222 
ERP ES UETON «. oid p. ote pics ele avtwiid b sya tote o's epee lens 168 
MPR TOMI TIVTO. Ss cc en kee ce ees eececes 16, 52, 248 
fervor Commrs. vy. Red wo0d,.Cos. ss. 006% «4 of. 71 
Hardenburgh v. Kidd........ pun ce SAE Cede at a a as 63, 64 
PR ITN NLC con gc: &: oar es elle: 0, 6. 6:0, 6. 0; ne, sijelinl were, ode 147 
FAArMon V. Page... .cccerscecccoscccecvess 276, 279 
NEE STIS VLE gio 0-0 cn. 0.02 5,0:chehe eh died «0°50 lias 29 
PERETTI RV SEL LID TIL, . . 5 a0 o/b id wich s. 0/0 Mise hie'g side 125 
TERETE CE CLON oo oy « wip cad 0 ose sete SLs 165, 166 
STEW LL WOO soo sce coh eee ee Heinle bMS As lS © 29, 316 
EET IMME TESA TPO Coie oo. 6:0 00.0. 0, 0, Choa ich + a ee Gs B12 
SAN ld OC 0 re 312 
PTOI DCT WISOLB ¢ « «0, «+ 0,6, 0.00.5, 6, bile Rida vib ¥ viele 93 
PNM ELA PEROT ooo o's oc 5,0, 0,0 th Merhis She g's OKT 150 
Hart v. Carnall-Hopkins Co........ AGTL110, 2s 
PierisyeGaven.......sces Sea sale PRO WIER sills 1am 307 
EN CPE DIST CC hals 1c 0.0, 6, 0, 0, 0/b)5 j8 (wai NW alla die o's BREA OE 19 
PMR PEP RUSE DOIUC . oy long 5 a6 « Hah oes bls oe ot 93, 250 
Peery. Han PYANCISCO, . «leis oicicid es ms sawn 208 


MES PPOUIITIOTIIAT) . Cie. a 6 4 0, 0.4 0.0, ekaR de oe ¥ ORRIN 338 


Xxviii TABLE OF CASES CITED. 


Hatzfield. v.. Gulden... .0c. ec. 00s meee wes 189 
Havermeyer v. Superior Court.........5....ss0- 28 
Haverstick .v. Trudel. . +s 09s kisielcte 4a nreeeee 161 
EAL yok Kb) ie en os ME 47, 309 
dhayes, > Fx parte. . 2... 240 sie so ale Mle ee laneee eee 303 
Hayes, IDX. parte. ... 0.000005 00505 005 247 
Haynes, v. Tread way.....eerectse55 03 eee eee 46 
Heckman, vit SwWelt, cows vudveeus eo a /d ster, eee 71 
Heilbron, TEX. parte. ....,0.01....6c0.0y0s009,010,05008e oka 248 
Meinlendv.. POIs Voi s ved ocares ‘venues. ae 149 
Heéinlen, v.. Sullivan... .o..6. 00550 cedar, Gee 368 
Heller v. People..... 0 0 0 0 0:6 t die late CRE ee 97 
Hellmanyy, ShoOUters.4.2.0.2.,00 eee 13, 93, 9-4, 98, 107 
Hennigan. vy. ELryin, =. sss ¢ 02s a) ae 147, 148, 150 
Herrlich. v.. McDonald... ..... 5.6 eee ee 143 
Hevren \V. R@e@d.. ....0:civiewss:s 015-0: 0 5 clteidy anete teeta 41 
Hewitt Vi Daw... occ 0c eS 0:0 ow oterar eel anhis enn oad 
Heydenfeldt; Im Pe. o.c.c 0:0. wie 00 cinco e's wi aint eee 162 
Heydenfeldt v. Superior Court............... 160, 162 
Heylian, IX PA@rte.:.:.2.7.‘.*s7s's%%e%etetolets c lblel ete ct etelenatae 250 
Hiekman: v.+ O? Neak. + +.%. 0%. ss "%s e's oe wale eroneeela iat enarneane 138 
Fielkks’ ¥. Bebb. 22 0.4424.4444%%%525%555 Se een 145 
Hieks ¥. Murray. 5.53% %%5%5 5% 5 51s iene teen 28 
Eboeing V: Cole. 65 eet le elect eat hetete Se a 351 
Higgins vi Praters os og5¢ 30272 ods See eee Viii 
Higgins v. San Diego Water Co................. 
sews tere ere eens cals eee G4, 119, 262, 263, 264 
High v. Bank: of :-Commerce. .....'. cel. eee see 27 
High v. - Shoemaker. +... ete cect es 26, 297, 299 
BERLE ve. EU a eo 203007020 ‘on he “oan to tate %o2a'e totaled anal atenet aetna 185 
FUP «Ve. -N@ Wan 352 ceeds cea hed do ue Bee ale eee 179 
Ftinckley; -Estate Of. 010+. 10%. 10‘ss‘o/s'cc4e'al oie ole aluielel e ohemenaite 348 
Ho Ah: know v.: Nunalk.+.. 05.0. 8 le ne 342 
Hoban v. Ryabi.iisaseastassbeact eens eee 179 
Hobart v. Supervisors. ...ccccccecee. 02S. 4G 68, TO 
Hobart v. Tillson........... wecee sb bee oy tea 152 
Hodges, Hx-parteisississcassist Soea eee ee 242, 250 
FLOlAPor ty +E (BO oe erere ct oteteteteretelene oe oe eee ee 41 
Holley: v; Orange OO. sccccccdvcvcs eevee 61, 70, 305 
Hiolinaw ¥.2 Taylor ire. 3 US 166 
Hong Shen, EX: parte. eeceseceeeccccecs.. 21, 244, 245 
Hopkins ¥.-Cheesem athe.:.:.:.+0%050%0' ea eee DOE 148 
Hornung v. MeCarthy.....0..0. a a aie ehgtdela sna 36 
Houghton, -Appeal- of... ee 165 
Houghton v. Austin. ......... tet ote AEtOR 29, ‘T1,: 303, 316 


& 


TABLE OF CASES CITED. xxix 
ECM MEUM ALIIO IIS, os sae oes oe be 9 bidwle tas Sa oer 141 
SMI SCEMAL OLS cnc wc as #0 oe obs BG dp lib wblins 189 
PURAM TA Vol UIDCTVISO!IS.. . oc occ cess teces TT, 264, 265 
IE COC eta. 5 aM Vain via a e's ons 6 uc 3d 9 o Obie 161 
MRA PAL cick cane) « aime o ipiae Ris + ae,40,8 ee ued 98 
NS By VOTO ag oon Sate withs apn baie me acihe Sees 255, 304 
NTIS T TOPO OUL bs sciteh cost gute + KY 2 C8 OSE oes 216 
MIE RE CART ELIS TE ak. v's.5 soo 00.00 01s, wid echie gual > oye wialt 90 
MTR TSMR IMBVELT UC ss cisco ss s.0\ nas pea rtsnietete cop mbpun init 8 
PICO UU ESOTUCH. 0 so cee eee ec ews eh ee ake 44 
TCD oa es wots 6 0. 0.015. 0 ¥, 05s orinyese Se .0 we 80h a Sieks @ ote 
Ng airy sn cis + 9:4 ai 0 01d 8p © ars tpstieeine 304 
RMIT COLECLION LIST. » nis cmc, ola onbie 6 ope eeineee 30 
TAMIL TY «65.56.65 0 ae we soe ss 0,900 ix, 152,.302, 359 
EO MIIENI EI ogc 5 oie cla e aoc n6. 0 01s csi n.0.0 0 ael¥ © cipin eas 9 
EI CCMMCMIOU. . oon ccs sme Mec nite rie thg eho is crea 

| - 
EI ETCL GNIS Se uicclc ak bv cscs Bidtee ere oF oO UERN 28 
Indianapolis R. R. Co. v. Kercheval............. 287 
er WOOP, ob. eo Oe Aa A. Ree 72, 91, 119 
Sempre 0.. Vv. Haight. S9atun. .¥. Go. oa 84 
IE NV TANG © ob ce cs ew xc a ew a hile. Me Ava ON viii 
J 

UNV AIT UCTIOY . oo ks ccc ce whois se ccnene 156 
BME TUIDVCL V ISULS . 5 ss + ws a cose sein » tcne cee s 324, 326 
Beet NY AIKer.s coc. cst k et oes fe REST Es canes, aches ec 335 
EPEC ens den fo oo aac, «9 Sepa Rucés ste erate a DOE 
Mumm vy. ig Breton. ...-.. ss. 5 ce ce 29, 40, 268, 306 
RE a STAIN oon ssa gai cor so a toe euoie-osgin'e 36, 96, 98 
err ys WAT, ss... ek ne 0 ee os Deter. t Lede, ble 
UNUM oo ee gts oa snc ws sé % mnsecetsue siema 0.% 142, 146 
meme. tank Of Take. oo ooo... ses Mee cie eas, aaa 276 
EOLA ore ste oa c's s woes adie aleonig « Seaa ct 248, 273 
Mee Uronodvear Alin. OO... 6... kek tenons 273 
METRES CIC Gre oo ele gc oc a 9 Ds ipiecae's lecwae o's 8 97 
Ree oma Cierelyq si a. (558 «214 lvloeU. 22% 
tee  PyMOTIE CRG Lik) ..¥. wel Ben ih. Janus. MAD 
BRIE We SAUUCS ts ik. GMb vv eile bk doa wee aaD 
TEE SL ATI a po nimces anesey oh se nndiied 8 505] schon eewe sd XV 
ME I VOLA os og von cc usu sbi dddsod. HALUD 95 
Senter, 1h. Th OO... nga e webb ook Ee 287 


eee SCs Ss COUT « « «cies dake ke Sb ook eT 


XXX TABLE OF CASES CITED. 


Jones. .v;.. Morgans «0.0, -.4 «000 44 tee eee 238 
Organ, -OX .Partesccu< ste cree 105, 106, 107, 110, 111 
K 
Kahn v. Sutro. .13, 105, 188, 176, 193, 208, 226, 362, 367 
Kalloch *v. Superior Court: 73... sn eee Le ee 
Kansas’ P. R.°R:°Co. ‘vo Mower... 20. as eee TT 1287 
Keller v. Wranklin: 2222232500202 0200 2 0 5 anes ee 164 
Kellogg’ v. Howes. 2 ooc oo oes cca tse a ee 390 
selly*vLUNINe Peys loots fees on ene oes s cage tae 254 
Kendrick v. Diamond ete. Min. Co........... oan 
Kennedy v. California Sav. Bank............... 217 
Kennedy v. Board of HWducatlon’. 7.2.0. eee 222 
FWennedy Vv. “MING oe ee ee 195, 223, 235 
Kenney, Es: (artes. ae eo 0 ee bun eee 221, a40 
Kerekhoff-Guzner Mill ete. Co. v. Olmstead...... 46 
Kern Co. yi Ways ooo. Yona 5 Pee 215 
Keybers v. McComber, ..#:.2 5725. esas eee ocean 
Wiernan v. SWalls... ces + c+ «0 le © oe Sener os eeaeke 
Kimberly, HEstatecofieonga 50. 00). ee cee ene eee 161 
Kings’ County. .v.. Johnson. ....... eee 95, 109, 168 
Kings .Co. v.. Tulare Cogeielt ..% . ake o/s 8210 
Kirkwood vy. Soto...d.cccecenccuces bate 240 
Knapp, Fox ‘parte. .)..6). os wcts's oie ss a sie eee 249, 250 
Knight’ vi Martin’ <3 csc ste oles ent 538, 214, 217 
Knowles, Ex parte:....2...« «tom nee ee 154 
Iknowles v. Sandercock -). .:. 5... ree 275, 278, 279 
Knox v. Los Angeles... 3... 3s» «ante eee ab oe 
Kohler, Ex parte: ... 0 ss « esis + oe 25, 93, 94 
Koppikus v. State Capitol Commrs........ 9, 41, 332 
Koser, Hix partes... oo. 2h... sds se 0 0 cen eeeeeee 103, 106 
Kowa lsky,- IM Te... 2 sa sw > cre eee eee in 
Krause Vv. Durbrow:. ..«.«s «sss s/s siktiren 112 
Buhack:, “Wx ‘parte... we, 6 0r.s ot tee 250 
Wonibler v." Supervisors: i... oo... cee eee 111, 216 

L 
La Societa etc. v. San Francisco............. 0. 245 
La Société Franeaise v. District Court..........159 
La Société Francaise, ete., Matter of..... 63, 107, 272 
LA C@CY). DX. DAL icici iice sever ere+oe serene Wee 25, 242, 247 
Kaforge v. Magee. ....ccceecdcnecini sy ean eaee 44 
ati bertev.: Davis Wh acner les cee wll Pah ae 28 


Lampe vy. San Wrancisco..../c.. 4 seen So ‘nfeshe OU 


TABLE OF CASES CITED. Soe 


EETEL I ie eae Cece see he dle 2G 
STO TPOTY ots a cc aa «viele os o,nqe ile, 0 Mids oie es 150 
ETN COUP TNELITY oy cc os so e+ oe pec mp eae ss ces 240 
eee, “CR SELICL VV IID: 3; § cic «a oce vn ees 6 pele we 274, 276 
Beeerree. ¥. OClOVeErdale. 7). 00. foe eore einle wc ns 0.0 Os toe 
na: 2 MOUCVTL OV ars so x 1 5 dead & cic cs hae Kid a.en'e 6 D2Z.t 208 
SUERTE WCEP ONS E ore ut al dale a. 4. amy cae: «0.0 ok syns oe AS 
MIENTRAS SREGUIAAUAIN G So es on co po ses oa slabe ens 214, 318 
Nn MERON MELE laa! sos ciccc « «en, b ae 6 @ oie a iedtyt p mue o Pes XV. 
TUTIYE LE So ie ec ce ee cee ce snes rte 255 
UME OT YS eS oe sisi ais eo 0 0:0 © 0.0 no.eo ate 6. 0 p,m 137 
TEND ota dics. cos ce cas ce ss + siete eccyeyseiets 96 
EEC T AO chy. occ ccs cae e.s.e aster ¢ to 0k 362 
feeereton ¥Y. Supérior Court. /. 0... (a ed 167 
Semen nern ac; R. R..CO... 6.6. 0ccccece si 282 
EBLE EL PIN Ie SSS S EU feee eiicse 0ciessheps a aise syete.e mare 148 
Tene ve LiNbON.) 2... Das ghat alias ete 29, 30, 40, 257, 268; 306 
rE Ty, Wl PT TIAT Yb baad ota viel dreteyvie:d: olehiele everethin te 97 
mereowriak WwoeOy;ys(harmer.....)cacciledst.< awet) 38 
IRENE AE SCE on aie, ain, Behe sdfole, cua leta bole osha} = hee 143 
Peay yee eperion Courti). s....%....-2200% 20, 50, 162 
RENO MMV UAT SS, tio, cxejeseicepeiois olde. sl isola tele s 115, .121 
Deere OUT YH. CLOVIS o.oo. c,0icid:e. 4,010 0 alee pile afd s ght 164 
NEEM S PULTITIGN 1 5.) v0, 0,010. 0.10, 0, 005ce.aps,essservie el bile § 94, 97, 99 
RECTOR TIT) EA 1 or a, oko, 0; 0, 0, 0) 04-05 05-0, anova, be ae Slope. 6 ,2¥%e 347, 348 
Perneewemoucnern: Pac... R.. R...CoO. aeresh ade see 285 
MME WET ILIFET bon. a npovec8, ons, 0a abdidionatardtale ols «vs Apewes 262 
Lichtenstein, “Ex parte....... A. ween xo. Sade 109 
Imenayo Austin...... 5 Hatatiers cate ob oka ea oe et 298, 301 
PP Ie EU Se ATCC. saws etd beats td bs .cle athe ix, 92,93, 94, 95 
RG SOATLO NS cabelas awe hws ale AREA es *,248 
Pe VOL VVASDDUTILE i. siefs.. a ccteleiee Sade 242, 841, 342 
MERI EGET AGW AILO Ss woh. nce ee os ORKUEL CY. 338, 344 
Lioyd v. Davis..... ao p wie Masia sia'd sinh lnaiel wah 310 | 
RE I TIALLC oo acl f chbldtonle oidute HAGEL 5 cH Es 181 
Bonean V.. Solana ..66..0.06,..00.5 9B, .99,: 11092127215» 216 
SPIE ELTIIFISLCT. 4. ab din cee serves ea velbe. ix eet 
NT WA LCL OT 2 ie co save xo use 10 swse'jn sore cad ALES 0 We SCARIER 148 
EEE TOE UK. STISLIUEN, - o focescscissecstecoseusscce wha Clase oo Bis. chek + 
Dosen neeltesv.. Hikenberry ....... ieee i as 243, 252 
CRE VI OLICE 0. wae eee eg sla l Waly Te shee 97 
Los Angeles v. Hollywood Cem. Assn... .242, 246, 249 
LOS Ve Li ATID ie ie x ose oye ic fd enalactid deals Je lad 359 


eee O02 V. LODZ. «0 oc cic Uileltcl ale w¥ekatree 217 


Sx TABLE OF CASES CITED. 


Los Angeles Co. v. Orange Co..........020e. 209, 210 
Los Angeles Co. v. Spencer... :2...wenuse 65, 96, 341 
Los Angeles v. Teed....... 104, 222, 251, 2oo,.200,.e08 
Lougher ¥. Soto... . 2.» > sus «+ «\s/p;3 enim oan 105 
LOVE W=DGehr . . . . sos 5 0.0.0 5 © sspfepheen 133, 134 
Low iv. “Marysville. oo... ts... os oe 219 
Lowenberg v. ‘Levine... ... .’.. 5. ay ene ote oleae os 46 
Lower Kings River Ree. Dist. No. 531 v. Me- 
CUA eo soe oe so a a c's «a elie sa dh tke 
Laico V.: De "TOrd. oo os cc cc wee ee cues Caen 141 
Luco vy. Superior Coutt:.. 2... 2. 0 eee vee ee 
Lundy v. Délinas....... se sae © cee seen 200 
Lux Vi Hag ein esc es 6s con > oe tein nen 32 
Lyons 'V. California.’ . .’s.c's0,% «.2.sfe.5 apa t aa 49 
M ‘ 
Mack V. Jast?o. io. vsscasecccsvusteieeneee Wap 257 
Maekay: Vv: San: Franciseos..+ web SUI ote. 297, 300 
Maddux. v. BrowD..0e.0.. o luck oT A aR ee 336 
Madera -Irr.. Dist, Un -LC 6 oo n6 aus tee, eae eee 
hes CFE Ae SA ote xi, 30, .68, 219, 268, 296,. 366, 307 
Maguire, Matter of......... 53, 247,.250,.252,. 2538, 360 
Maier, -EAX DECC ss.:.:c-010rs rorers revere oe etal tei Ree ea TZ 
MBLOMNEC. Vo ROY e+. -0in-s ienane tare te tere se%e te tetotens deed ae i one 46 
Malson v. Vaughn, TE 147, 178 
Manchester,-In .rels.).21..01 0800 2 64 
Manley -v. Cunningham. ....:.t...is. 1010 /dhels es tla 2 nee 
Mansfield,. EX Parte ..occencocctccees sb 0 shay ey Leone 
Market Streets Dia 0106 occ sono oes ever or over ob ona os al nee 304, 306 
Market St. Ry. Go. v., Hellman.....4°30% 2 ae 273 
Marks,. Matter of. <<... sss. 00 0:56 stan ee 86, 165 
Marsh v. Supervisors... .xiii, xv, 15, 59, 109, 112, 217 
Marston .v.. Humes iro. ..... « oe oi a.0 0 0 cate bis cele mien ene 97 
_ Martin v. Election Commrs......... 148, 226, 239, 338 
Martinez. v. Hemme ete. Land. Co.......5.......00. 280 
MAtTeGE CVS BORE iG. fic ecsencnevesevcwe sR EIEIO enn 143 
Mathis W.. SIate.. ccs ces cs dses seveee » ee 97 
WATE SWS Vr OUI OT a. co seo sacs so 5000 00 2040 00 4s eS e 311 
PL UOT. Von ARAL os co to wove so bare ceo t0 202080 0s natal dei eee 113 
Maurer ‘y.. Mitchell... 2... 6. NotAP0 SA ae 152 
Maxfield vo. ODNSOM Ss. csas se 147, 148, 149, 156, 178 
Mayrhofer vy. Board of Education............... 850 
McAllister, v.. Hamlin... ......« <i 02 eee xv,°63 


McBean.v. Wresno «...s2.. sot oF. eee 247, 263 


TABLE OF CASES CITED. Xxxiii 


EET GLUT CG «« o 0: 0) ones ccenet shovel oboiscctesstieWehede a Win ald XV 
PAE Fi CATPCNIEL ....0 wee westeeiees 64, 65, 253, “i 
EERE. P OLOLEA | COU ics creo eleven sie a dld'd pldial's andl dle 32 
MME, FUR DALLA cise adie oun dee ilales vii, 11, 68, 180 
McCauley v. Brooks........x, 33, 47, 61, 89, 183, 332 
RIPRIRREVESY® Wee ULGON 4s cece cae ete ec ee be ents JUNI 139 
PMBIEONYs VSP VY CLLOT:. 5000s. peretetereteraterota elensiaiide arcle ale 32, 37 
SERRE AES 6 MIRP IAD LCi cca-erote-orarersvareterateres tte dalle drole wie 72, 249 
TEMES oer DL CORTINCY: 2.0: or cvere ord la diew Bike a oe ole 47, 309 
DIG POCey. (DAAVYIANG occ cece cesses heb ealls 5 
MoCraken -v. San - Francisco. .... 0. ss ecncctewe dws 262 
PS ESCA UCIT. 0-00. scsere-ctnierencvel ed a ave lhete svete abs 323 
TEIN Nice ESAT LCOTo vasoretaresc te rorele dictions olerd onto alate Wicks 217 
McDonald v. Patterson.....:...-.0... 53, 163, 269, 359, 360 
EMCEE WL AVION. s:erc-o-0 vied ole Oh sek taed aldhe 246, 335 
Pie MOOG We LOS - ANGER, . 00. ccc ewe ewes beers 822, 323 
Oe ELLY oI OSE cnc v5 ere en tata tevoretesoretete send lo Wha Mhalond sisters 43 
McGowan.v. McDonald............5 XV, 278, 274; 276 
McGrew v. Mayor ete. of San Jose.......... 176} 86T 
PURER WARE GRRE Vent A WHLL GS oor wr or a- or ot rerniios or or ev enet brie de oc 296, 300 
CMR MUES DATUC sw is.sivie eines st aevds es ei ad ele 246, 251 
NE A AE EEUU Dna. 50 00 so 9010 poretennsere aie std creel dine 2 te idan 251 
MEME MEE TIGL 5 co. i6 uw the 0. 4,0 0 che ie oto latalalal nba ¢ « waite 335 
RE ME SOO TULRINN oar cree Sh ie oh eh ovis cor sn er wt Siantohe omidis se ldhie 166 
EEE ET DATLO osr.c oo we oe wou of valdloleul Vole Tl, Taras 
NN y FRALTICLE.... 0. -.ne-ssorcnesonecdialelll hs Ne: SUE 15 
IEEE EB OD a, ux vase cinaikope debe is tareredsrntedel Riot Ib olevebe! avdahe 102 
MEE ETRE CUS SLY, ie cvs tate boing, rove ve ve od toheedle, He deine 178 
SN MMR TELE Kose sce cavers tavnre sovchd Ghat d Dia’ o< ls cc pels 13 
MEER ALO chaise, van wscfateus wiocave, on secs 0 52% ol ate 91, 192 
Menzies v. Board of Equalization................ 153 
weereeo Bank vy. Rosenthal........0¢gini.d. 173} 353 
EPO I2O, Vs. MRIMTHING eGo 9 OR 246, 252 
A ELOLIV, 6 a etae hk Se hc s 0 Deter 242, 255, 256 
EOD oe chin dd 4 dee hee os SOMO ME oe a 80, 81 
Putri Ve SOUL Bolle LIT Cols. wei. Ae hk el 323 
SETI TESOL) foray ba se. c' a's « a ole tb a's. 0 o's Ob ode pee 43 
IE IS LEC IYER TN Gao ye 5s wis o's s:mattid.s oiels eve +e. 6 welds 138 
OE CRETE NOW WN onc tee aes ots MB Ld vouesehd oth tbs 125 
SE MEL ICOO WHLEUS a. foe 'cs Vacs bas snus walaure se sme 285 
TE EE CI IOY Oe ovo do's 6 so 0:8 tp4apquey mst so ota nees 153 
NRE ES VTLS os odin ald lee bes ahs bende Tah rekb wilt 335 
TEE FULONT tag o's, apal'a « SY vais 6 in bok Ouaswenl vii, 120 
IPB USIEE LG sia. oso cs wv dic. 05s, c0ciele e~ mp aetinarndhs 10 


EEE CTIOTON . 05. os sc ds a do «0s barman ee whe S eens 300 


XXxiv . TABLE OF CASES CITED. 


Maller sy. is ISOS. cr eccaenes teenies eae cis ade eee 14, 11t 
Miller: v: Sapervisors.... 6.4. 2.d3¢05 0 a ae eee 153 
Mills.v.. SarZent.... 5.0 .c10.0.cc0s0 0 ele be nals ae xv, 813 
Milner: v. Reibenstein ........./......0, .<sdle @aiehe eeaeanenane 176, 180 
Miner’ y. Justice’s:Court........ --ne@ieee 105, 138, 237 
Minturn. V..THAYS.<ésisscccsde dia eee eee .298, 300 
Mintzer wv... Schilling...... 0.0.2.0 iegs.0,0,0-< ella 4 212." 020 
RETA FX DAL was cecewssecturusssus vo aud baer oe, LOO 
Mitchell. vy. .Beckman.............,eia(i Wis oaee olen 276, 277 
Mitchell .In. re... icisds cade ee Bk hs He 103, 138 
Mitchell y. Winnek. :... /@eeein'Wa. ee ae eee 67, 199 
Monhile. 1... CS@HIrChio nu. oc 10s ae «owe tnleie ee ge 104 
Molineux, vy. ‘California... ccoeaoe sas See 118 
Montague’ v. “HMnglish................ 01st wade eee av bietes 262 
Montgomery Avenue Case.............- 23 dened xiv 
Moore.vV.. BOY. 265 650i 48 besltehit hie oe eee Qe, 
Moore, Estate Of. ioc cosece secose cose 0 a000 0 0,0 00st aa ee aT 
Moore'y., Martin... ssisicstiss ice oe eee 170 
Moore’ v. Patch. .wiead« cd¢ 3s Ak Se 15, 105 
Miorarity. JROSSs 45... care ree 0.0.0 cen Viii;; x, 39, 292, 
More v.. More. .i..<-. cdi sks odds eee Seen BZ 
Morgan. v. \MenzZies.. ... 2)... 0 0.cs0m «le ee y re See 227. 
Morrow v. Superior Court..............-. 275. 208/278 
DEGTSE 49, LCi ATG Succes scscenda a tei ix, 153,.225, 350 
Mosely V.7 TOrrenee ... «...¢.s0:0. ee 0-s:ereneudlee SAALe aera 335 
MOUITON, Ve HPAES: coic .ojeis oie cocons 000! Beene = ant St 3 

Mount, FOX. partes «e's isis ie-cose » 1,40 ys ue o SP 250 
Moynier, Ex) partes... oun oavu cue 4, 16, 104, 248 
Murphey V2 Mem ar a. so.ce so co:s0:is so. c0.40 «sous pa gota eee » OF 
Murphy,..ID re. os. «ss ssa bis's gis sob 6 ee 245 
Murphy .v..Pacific Bankwesisenit 13. Das 13, 103 
Murray?:v.. Colgan..<.... «48d 25e00). 22 121 
Mutual Electric ete. Co. v. Ashworth............ 268 
Mryerevy..cPinglish .. sc <ucie tiss sn ca Le xi, 44, 183 
Myers. vy... Kenfield..s .0..s635.00% $36 bee 2 ¥i2in ke te 187 
Myers vy. Sierra Valley ete. Co... .c.c.eeeeecs osteo 

N 

Napa Valley’ R. R. Co. v: Napa’ Co.... 2 eee 34, 117 
Nelson, Estate’ ots... 2.35 3. 0. 3 oo oe aie 146 
Neustadt, “Ex partes... 2552.2... 25 t,o 168 
Neyada School Dist. v. Shoceraft: .. 2.250 eee 102 
New Albany ete. R. R. Co. v. Whiteneck......... 287 
New Jersey v. Wilson’ 2. 0.02. ees cee 5 
Newnan,’ Wx partes. tee Y's 04 a, 3, 4, 6 


TABLE OF CASES CITED. . XXXV 


eMC FOR DATUC... Sp sop ree We Sal aleel ele Diets fw sides 304 
IIMA S TIS DATCC 6 cc cccwescensccsls ts pemee Ts en. 
‘Nichols v. Somerset. etc. R..R..C0. 2... 0s 000 gh oe 287 
Nickey v. Stearns Ranchos. Co.......0..5.200%- 34, 35 
Nels FOUL WV SLICLS 51S does suede « DEla bs MI OTA «6 141, 142 
MIRE ODALLC cis oc v pee e cease was ea tnd s oe Res 244 
EUG sc + ab pa soba sane en aeons «We 4Ges 33% 
TIE te LOUIE bcs odin tgs w op a: o 0s cnet oi ch ered erinvicnmy af Blo Sid « shel 12% 80 
CG aU SEV ALE WELL & co on om Ste Le ole KISS was wih 178 
Borriet ys Androscroggin ‘Ri sR Gow sido. os. sites 289 
EO Tn in wo, wn 4 nag v0 eae eas Seabates 49 
‘North Beach etc. R. R. Co.,. Appeal of........... 30 
ITER Kel CDT co '. 5 ws 00.5 0 ap ntciatn Slelale ke, «We S1EN 29, 40 
ICG Wes DIOULIASS ....0.0 0lo sets as d'd biel x, xi» 331; 1332 
NEILBG os sem m opp oo 9 onic o'np » atl Welelside wheelers 79 
MTEC DAZ LO. 35 so sn p's :9 0's 0 on wep 0 w wate elblere wd 0 mie 138 
0 
Oakland y. Oakland Water Front Co:........... 68 
mmetetory, moucbern PAC! RL RSECO ce eee tees 317 
UMMIEIP URC VWoOORICT Fors coc pisnpes.s cap eecness 306 
Pemmrami FV, OO. Ve BATSTOW. . .ss0e ccc eecceres 268 
Oakland Pav. Co. 'v. Hilton...... vii, 79, 269, 338, 360 
Dakinna Fay, Oo. v. Thompkins.’.’... -... vii, aon 338 
I Tee Vee DSOOLI oo. ccc 's c'ccas, 0/0 wins cpop's ae 0 trate 165 
TE CNL IY os aos ce 'n'eln cre te @ crs ap ye ¢ 4,0 0, 0ha's 78 
Sine ete, HE RCo. v. McClelland: .. 0... 6... eee 287 
Merete OL... oe. BRC Ee oP RRR ate rs 151 
EEE LITE Co es hc Se ae Boas cue cles goetes ef 362 
eee it. te CO. -V. Baldwit).’. os. cs «ce cskee 14 
PEUTIC CNS Ss co dee cece compet sb cunt stare $5 
SUPMMRTCIEM USEICES: 5 os ss 5 ccs co's, 9 ts spe © cub esetets 76 
Orange ‘Co. v. Harris..... Nata ahaa es Catal ate nists ine a eters eae 
meee CO. Vy. Los Angéles’ Cool... ccc cn came 210 
Sree TCT IAT) Ong old orc oc o's o ccs pe cutee sens SLO 
UMMA LCT ULI he yok oc ce sla shee 6 8 Chalet a aie ven s ale» 48 
Ly 
Ree nee CO. y., Kirkham.,.....32% ssid. o¥.oks 253 
Peet Onet Ty. OO. vy. Porter... csi ssisoike kee 39 
fetes etre ins. Co, v.. San Diego, ....'ssite ic eFethes 259 
Pacioc etc. Soc. v.. San Francisco... 60.4). .0 G45 319 
erie T ostal etc... Co., y.. Dalton, 2.20600 3 108, 303 
REY OV. VW ATG, c'nc:0nencmmmuckidee «Ob 9 


Xxxvi TABLE OF CASES CITED. 


Pacific Undertakers v.. Widber...s .ii¢.86. . sistem 264 
Paeker, Estate -Of oo oo<oo:0: 0 e-ccieo op ein lleaeibehe nk anne 3, 46 
Page: vs “ELGG ss ss elle’. oid ood 2st] te So 156 
Palathe ¥.-Hunt..........+ 4.006 S020. See ix, 153 
Parke v.. Metropolitan .R..R..Co.....550 ee eee 289 
Parker .¥:, OtiS 5.00 c ce eee wes wee » ole 113, 434 
Parker -¥.. State iiss .0<0 00,0010 0 0.06.¢ 0 0 C6; 77 
FPA VCO te, LN Ae. ohevcicceiniccecatener assussaves aieneit ean 341, 342 
Parsons -v. San Francisco............ diss aenk seen 4, 36 
Parsons v. Tuolumne Water Co............. 145, 165 
Partridge. v.. Butler. ... ... sss.» 0 +. s/s sk ele ae 276 
Pasadena. vy. Stimsom.%..0.4 .b. 2b 6 14) 103, 112, 220 
Pattison wv... YubaiCo.s .5.0..s...sn nee xili, 69, 332 
Patten v. «Board: of . Health......n\3iai eae 351 
Patty v. Colganss s.%.. cisswsew ses ows & ose een 119 
Pay Vi. SOLUCH .. a oo cee we ase 6 2 a 63 
Peachy v.: Supervisors. .....< +. a sane 359 
Pearsons, Tn PCw oc's «oie. 0s he o's au gf olerce ene 172 
Peninsular ete. Go. vy. Pacific.ete,, Con oe a eee 158 
ROI IE y. MRS cts, cqaserebeiet ocean ake 24, 96, 98, 119, 120, 257 
Pennie “vi Roach: . oss os « © + apne cree 158 
Pennsylvania: Vo RIDIEC.. . »:s2ce © «ie 2 plete eae 287 
Pennybecker ¥. McDougal... ...+5 « «> =.ius ue see 156 
People V: ADDO... «0.5 nce m_> s.n:0,009) 0: 01. 4:5 (tee at 93 
People ‘v: Addison. <...<. © <0 «+ « «sevesel anneal ene 129 
People’. v. An ‘Chong, . 22... << <.5 «mupieienel een 141 
People’ V.. Ali “Léé’ DOOu. . acx.c's me « 01-year 10 
People vi [AD Sing oo... 6. 2 ' 20 0 = wee) elieia apenas 184 
People Vv. Alameda” Cos... oy. cau ovens anne SLL 
FRODIG VAD AT. Seis cs io 065006 sei ues nei 21. aa 
Heome’ V. APPle pate ii. oc.2.n wns 01s ieee 145, 151 
People vi"ATHetS Toe ol es an we nen ee 21 
- People v. AShburner..... oss elie sefay a; boty" shonin) Case 351 
PEODIET Vi ASHDULPY oes, ob esn,0 cope ue pale Onan ae 298 
FeODICVV. (BANCO: cs... ss sx + 0s 6 ere ee 193,208 
PEGDIEDV] BDALIEY iON wwe B ocieis « on cape Jay oan 
People’ ¥> Baird <n os oe cs eo 0s 0 0s 5 ates en 23 
People’ y., Baldwin. ... ..<:. Sew = «= clei foie 184 
People. V._ Barbour « « +. + sis +0 6 «00: 0'6 sclera 141 
People.v.. Bartlett ....0.i0 S04. 62.6% 4k Se 253 
People. v.. Berkeley... 30 0. 64 .d'04 Ve once 221 
.Pe@ople.v.. Bigler...o:0G2cl. Wan oF. ee xiii, 68, 344 
People v. Binghamese v.54 2. 0304 pee 78, 149 
Peopte ‘v.. Bircham. .gUrUis. .2 a4 wae eer. 4 eter xvi 


POODLE. V.. BRILG «. eres «ores gi ovetore nteterclh, ble « tltelsttanene ann 18 


TABLE OF CASES CITED. XXxvil 


People v. Black Diamond ete. Min. Co....... 298, oye 
SPIRE TRIBES LULIs Sy so 6's vo ode dois @als a's as dladtales als Catla 
Seeerrisee Ve EANCING, ccc eevee ses sc sw isGaee ads ie os 
People y. Board of Aldermen...... 0.5.00. 6..0050% “1 
People v. Board of Education......... 61, 638, 198, 360 
TE MSESOORCY. (a cccarscacv ces ce awaldlge oe Hebld I 
IE ES IHEI TL co orisel ate iar acaba oraicea cd Meeeietd eas. SR PSN 184 
SUTIEE Me MEIMEW OL oy po d's ddl e'd did cede MIMI aee oT uleD 189 
REESE REY 20, 10.75 Sais wie a bee ees 100 eo sea ebelle os 78, 104 
UR MEPLOOIIC sw c's 0 ce cv cre eee Beldels The ek lee a1 
RMNEEUIORBEOS WD) co go ccs td cl btaid ds bee Bre alyls s.sle sherbie 23 
ME TILOICLS Vi 0 co v0 0 c'dcts wblele So dale dw wiae 127, 129 
MEE SUIVA So 9 doe core eb ee Stak elds deka ae oalale 86 
NES EAE TALDLIG oh c+ che ei ct ore ave or ones austere title was 0 173, 351 
EM MOEG ICG Sg 09 va oo dee oie ode MASLIN 2s ee 82 
SEPM UR ET ALF Lc ahs <chcha ts "ohare e-ere ‘avanetsve rs selee dala Os ot aNd sa 19 
RLU Ga 5 cS u's u's w'v.e oo aw old CRE S as we ee oboe le 31 
IRENE Gk 2, 2. 2a 0a. Nota wd vas how, aro tase eing eaten § ate oc Pat 19, 20 
TERT PUA TTT DELL 6) oo 0:crvlaresoscvclniercnc-atendle bicele « 7. S148 
IEE SGOT ICUS So cc cla oo ne ee dslietelhlayh wae f 80, 88 
SPIRES IA BOM Sooo howd uae vin deldaied s wie Shes 183 
MEMEO REL TAZOUCAUS fc os csisis cet esd Wateidieed ore 126, 127 
wee ee ena). ae.) RoR. COs Yee ee 
14, 17, 52, 108, 104, 107, 108, 109, 214, 272, 299, 319 
People v. Chapman Tee eee haadae 60 TCs c viii, 105 
DUA VER cece e ha ccc cass oelecteltie sale 10, 176 
Peer CMO W Sine WANG... co. eercdeees eel oGie 184 
People y. Chicago ete. R.. R. Co Hwee AMOTd ee alee 289 
SY AS UTIBLCD SON .. 6 ore'e %ue wahehae eee sot otk es 1838 
SPE PECL cee bass Ove coweeietter. ote! 22, 84 
SPEC ING cs ec nav cence ccsenn. Te 183 
PERV EOOUDe nccenvevcevucecs 96, 188, 176, 362, 367 
EM GE SLLCLY 005 orci! orig ot ogres cher ar. ar wh Qa Va de oe sh ee 298 
AOS SWVC oo core werd asi oe did ule Wel tie a velo tee 348 
SE EUIIE LYS stoi ieirs rig 1s see oe ae eco 1c SE Uy alehale ot. Ray 362 
People v. Coleman....... vii, ix, 16, 296, 297, 300, 304 
meoule ¥. Conimon Council... 60 0... d 105, 220 
SM RELA OE OTIELO Lite \. vata lo te 'o ee sc drete ed Fhe eo 0 223, Zor 
People y. DARAPE ALS LU hae oh tail ota ut wore tee eid ote 'e thee 21 
SMCs os tae boven cb ones ee ttle .c4 AMR 21 
RSPR SUITE. oo abc ks Ww be ses 0 alee Cabiele 96, 130, 338 
mooie Vv. Washaway ASssil.........0 000000. oe ae 168 
REET DEY 1G vio oa! 9d ose ci aks tls oh ile ted ahs ce ae 238 
REMMI SY MOAI BTA dy ch 00,54 8a+03aetarnterg a to'4-e n'ata Pel Ore RE Oe 145, 165 
SEE POI ELECT oh tasers se ascteisne'n e's 'nve ve wlarsvete tcl wh stelle 22 


Constitution—jy 


xxxviii TABLE OF CASES CITED. 


People 'v. De. la Guerras:: .20teal (eee ee 65 
People’ v;) DIGk 22 oe. we wee wee neq nals «ga ee 183 
People v. Dobbins... ..... sss daa 40 alee eee 94 
People vy. Doe G.. 1,034. coss2e hi 42 Tee 299 
People vio Dorsey. ..... 00.) 2 0 ily Sete 214 
People: Ve WORN ss s.es os ta eves Oe 82, 122,.298, 3IT 
PeOple V. Durrant. .:c.oi. ie iew ele 1s wie oie sol ieee 13, 367 
People vz HastManes ...00.0% 00's «ele eee 309 
Peome wn Hddy. 70 0. bias ede oe ee ee vii, 298, 300 
Feoplery.» HG Wardsien. canoer ene ix, 128, 129, 350, 352 
People v. Election .Conimrs........<.Weder +o eee 235 
People v. Elk River ete. Co....... WEP Sse 41, 71 
People v. Elk ete. Ca... cn). 2 «00's, = eee = ee 323 
People Vv. Eppinger...cie:s o%.....0.+.cis.s.0,ethht eee ae 22 
People. vV. Ferguson .. 0. o6:0 <6 «<<<, < «fel ets cd eee 
People v. Fowler... «2's. sss » 00» pophininenae 145, 177 
People v: Freeman ..ti.. 6:75.40 s5 see ix, 64, 346 
People v. Frishie.........0s60% 26525 see ee 62 
Pedple vw. Fiteh. 0.0. 0.624 2 bee oe hae 127, 128, 129 
Peopie -v.. Gallagher......i..0:....5, 0. eee 362, 368 
P@Ople Vo Ge 6 olacc. a ccc) veh e. «0, 0h0p00'spnnss dl oe ee 295 
Peonle v. Gillespie, ... 0.006. ¢ ceo epelegieeee een 181 
People: v. Glenn .Co. 2..00.8. J. a. Eee xiii, 82, 109 
People’ v.. Goldtre@.).. 2.0. si23% sk Le eee 29; 317 
POEODIE V.. -GORGON 1e sora oiercl evs} alelesa,elepalaenene rene 22, 183 
People v.. Greene. oo... ccd bas os 5 1 eee 21 
People. Vv. Guin. \ ace lealers: Sit eee eee 234; 235, 2a6; 23T 
People. v. .Gunst..:.....223..2% .it S32. eee eee 352 
People. vy. Gutierrez. ..s..,c.:c.00,- ¢seeeine See 184 
People v.. Hamberg.. ..a..ss055> a6 ee eee eee 20 
People Vv. Hamilton... nicisnt.caee eee ‘paste! ‘see 
Peopre:y Ea umonds... 5.4.5.5 5 vee 128, 223, 352 
P@ople. v. . TaAnNOD 0.0. oo, cjecseie,0j0, 0.4.6, « 48 eee 185 
People. y. .Hardisson... é.:<...). «+, <0.058 Sete ee 22 
People y. Harlan....¢... 00 +20» » «= 5(nth ate 
People! v.) Harrington: .tiv...........,. esa 19 
People ly, Hartman........lschsi * oa 18 
People cy.. Harvey... ss a0 sou hele eee 153 
People. Fo Haynes) ceis«. coceiere\sieis 0 aie eee xi, 18T 
People. y. “HeGHG, oc. ce lela ss 0 acne, « cee 236 
People VioHLenry occ cc cass eucees ns pee 367 
People v. Henshaw....... 13, 14, 16, 96, 103, 119, 222 
People v. Hibernia Bank.................,. jg ee eee 298 
People iv. Higgins) ssc o os sols 0.0.0 ds opens ee .Bt 


feanle-¥; Dill dex, oo Lasue yee 76, 223, 226, 350, 351 


TABLE OF CASES CITED. XxXXhe 


NAY CREO aL, ok loo is seve ie otevoceacesaveid BloAibiek ble 234, 235 
TRIPE AE OLGOID «so. 5 ok ca nies o's bs oR beth aisle cule HAld 60 
PEE PARC GAY. . oc aoe ee sem a WAAL Ad. Ws aie 45 
meee ioe ins, Cod: 220i. (een ce. 6 299 
REEMUREMNIT ode bees amas nd ead ARG: SOS 19, 20 
PTS SELOLICY is cess Soe ree see SIGS FLU ld.. 2k de 149 
MEPEME ADE LET MISLIOLY ois Aadives ss iei sieves adore ovsi'oca ctalsteth 12. EMG 254 
ELCs FADINOEO fo od tie dba 66 8 MERI MS oats EE 222 
Beet SP LLUUCKCLOR 2 5 6.8 oceans 2 DDE DO. ds ONE 21 
EE CT Pe ATIOB s Vo x ss 4s yess boo bs ow USER. MSA 20 
PNP WCOULs sons ke cee ices aee nc eee. ..: vii, 352 
People v. Johnson. .71, 148, 149, 150, 151, 216, 240, 332 
TEP ORGGIL «ch om cc nin seee wen whiin’ 20, 146, 150 
ead ORGIY TL. oa sco cee ees sen deh bl oO ds mle bt 168 
ITT IS SLALOGIN So osc cine ae ecw wee RA stele cub 151 
ET LSEHLCI 0 iv fo to 00 ie tv do tae kee inte ole lobia oth ohts 22 
UE TEI ose shoal ae’ wale aia ai e'e wo HIRI SE 1K SEAL 11 
SEY TROIS ic wom yo tose wien tote wie w wih Bidls ie hi elbow h obit 302 
RE EOL TIO SO 8 a. uci sho cies wel ci ciel do ei Hibhs Wallis oN Bhd 165 
PEND COLTS AN owes oes isc oc wee Mea RU. CaN 18 
EES FEO WER bole cis cco om dh oe w soto Fae Mame sh ald 201 
OE CON oo cite n ne es we os wR RE 96, 103, 185 
RTECS OS) aig a ob af of ok ad ui dd ol oh ok oi ak 6 ol Sr Weed © KES 150 
BY of IDIOT oy, 5. oie ov si cho: cher ci oves sh everatls 62, 64, 129, 346 
PLT ITAIN 4. ix ia is osc to'tc ic ete vere tenis Lak 300, 301, 303 
IEW LEDGE. oy oh ok ok 05 0h04 0: oh cd oie oh ci oh OEMS Le BW Oa 168 
EE ees a ln es pa eke aetaleh. 2 RAG. he EO 18+ 
Peeper seer Yune Chong. . 66.66. eth iiviided. 22, 23 
People vy. Leonard............ je ooo DERI, TRE 87 
RIMES MEI SOT TIEN v5,’ wr ev'w'sy ever thw 4-H acevo HOE e wa SAM 10 
Eemauery. Levee  Dist.. No.. 6. c....csece eden. 219, 271 
Peiwesy. anda, Vista. Irr. Dist... .26 eset ov. 94, 96 
People v. Lodi High School Dist......... 65, 104, 196 
Heople-y. Los Angeles Eo. By. .Co... cic bee. ct. 281 
Bees CAKE C0 oc Sree cers cece Bees 213, 217 
POMEL TE OIN ya's ve ok vo 5 66.0 6 MARIE OL ah te 20 
RL APILITIN 0, 6, o, x dlivy' ei ei bios or 0s vbr ai'sie/ or AMAMUUR A 6s % 05h 150 
Pies Lay. ito we ees xii, 29, 51, 252, 254, 306 
PE PONINTIDOSA (10. cs nts woe wee dwells 3.4 aX 62 
NEY PSUR ICT ATV Gi, os ovine tran ww enle s Wibtelelet ote 74, 173 
RTI MEO ET ANG, 0: oF etsy cies eioicisiciesesnrehereverele Movs 4's 255, 360 
aN CUDA TILOY) os aoe: dishes oss oc dcw rece thee te ba 5k Ga 174 
EY PEED AULCOUN yo kw ine wa oc ve ai etta meld Aes Wale 

aa kd ks 295, 296, 299, 300, 302, 303, 313, 318 
SEN CUI TIO ax se de ios go 6 ote rete hee hele vow nd CaN 29 


xl 


TABLE OF CASES CITED. 


People. McFadden. «.......ce0s 70, 108, 112, 119, 217 
People v. McGuire... 6. .s00+s00 ses > ie 208, 210 
People .v. MeNealy........+<s.055 te oreminnne oes Ome 19 
People v. Meiggs’ Wharf Co.\..). 0%). Seas at orem 151 
People. vo Mellon... ..... 00:00:06 o:0:0/0:0) 6101 oe cen 174 
People v. Middleton. .....+...+.+.+. 00s | seleleesienneemn 351 
PEOPLES Ve. MUCK oc ssie ocoiecesacosvevetsinvers voles Ab ‘ee LO LOO 
People v.. Mitchell. .......5.<2+0 0.0 «bit eueee es eee 184 
People V.. MAZEL... 0: 0:0 ceceveysro.ewnresesole-0tthetd at gteeenann 127, 128 
Feopie., ¥; MOC se «. +s oo cheese cee eee ‘S23 OLE ae 22 
People v.. MOOLC....6\ 65. 6» 0% 00.5 o0 «os 5 5 4 eee ane ee 159 
People: ‘v. (MOrino ois ibd. a stele slots s shelataie Sthtats aie a 18 
Peoples V... MOrse,.. oss 0s 00% 00 2000s « shi ehentts arene 45 
People. v.. Mortimer.) . oo < ews «ac « oc eee See 48 
People. Vi. MOS8bs o sie:0.0 0 6.s:c: 6 0 core 9 66 oie nee en 13 
People. vy. Mott. cca seccevssen cactus 5 eee 127;( 229 
People Vv. Muhiner... oo os 000 00 00 1 «a0: 0 tienen 22 
People. vy. Mullender. ....%25. ee eeeee 96,110; 111), 422 
Peé@ople. v. MUTINS., .. ..:.. c:s:oc0-0:s:0:0:0+0: 0 5:05, 5 Eten nna 226 
People. VM ULta ye ive: «: ie 0:0: 0/0: 0:01 01h: 2)0 ae eee 184 
POPE, V. MY CLS oo. 6.0. ececeseve:everersressre) 0 essa en en aen a a 208 
People iV. ANA ZLOE o.., 60:0. 0: int eie:ntotarespesccte sty Pane 304 
People, Vii Nady occe.n:e.ocscers:sie:.0:0 01a! 0n.010150e! eee ne aL 
PeOpDlO GV. NOVA Bis vo icseceie cocore coveve vetesanets ketene eee 64, 166 
People: v. ING WMAD, «.2.0c0cs 0000s enti 248, 359 
People, V.. Nyland. wies.. oreccnecovonsiorscoves clement ae aneneen eke 170 
People. v. Ny, Sam.Chung...........s ss Sanne 19,21 
Eeople v... Oakland... . «, ss 0.0 0.0 ae At. een 224, 236, 237 
People. Vz OF Brien. iselavetecdarceoecistee Cee ix, 24, 184, 185 
BGO DG Vo: GUIOT 2 atcueces acacen ctakeversectelaea tana NHS are 31 
People vv, O]Vera...» os» os 0 01d 0 blele cad eaters a 158 
People v.. Oreileus....i.15.035.. 07000 eRe 19 
Beoplein. Pacheco....... 00h fog 90,2117, 284, Salas 
People. y.. Parker: 1.00 le tees. ate Gates fc ME, 128, 180 
Paoniaty. Parks;....5 <bs«acaee lye 70, 93, 97, 253 
People y, Rarvit.. «as ssss cece ie 50's 5 eee 93, 94 
People vy. .Palsell o.2..6.6:c:cic.0:e: acovesaveerntel i henaiaiene anna 183 
Peoplermy: Pendegast. 2%... 120000 p45 okie xiii, 76 
BG@ODIG Vir SOLUUD. ois (cscceversictorned ee ey . 145 
People... Perini. .. 6. cccce cece a» otetelee cena 8 
ReOpIGING Petr Vo ess wou cites ee xv, 149, 153, ‘185, 351 
People vy. Phoenix........ cora-dhelaien ene teeetal sions tietn aan 128 
People. V.-Pin Pree an, a «. & ese 01m « 5 0: 0 ove: Hehe Yt 
People: v. Pittsburg Ri RiiCo. si. .2htee ssn 316 
Reople. v. Pond, 0s. 000000000 55 eee 44, 223 


TABLE OF CASES CITED. xli 


ES OU Sag riich DOVES are dahil 189 
PIE SSPE, wc ce a act a5 0 60's dit Wh «we ak (ee 10 
REUSE cer LOVIDICS 0.0 ws « wis no 0 05,0 6 0 0he 61, 64, 188, 218 
EI SOLLETIBOIY) . o's 5 «sb ais'u se 6 op spin ya'es © wip 354, 367 
MERC ALA VITIOI(L. 5 55 v0.6 vis a. 0.0 5 ctmpibione’d’s 0 Ge adine 300 
People v. Reclamation Dist. No. 551........ 30, 53, 57 
et. S UCCIN GCP ie Aude balsa nid « ois Hare ays) © <r acd yn 19 
ME LUTE AE «MTs std ay vou gas 85 5s oasis oe ses 129, 3501 
PI VeETIC’.. «.. tia a aléiercluorin: yipreielaaperveie td og ois hs alle 
SIPTUMETSASUCL LEY os 5 5 co oa 0 800 0s hme pe sys xj4 xin 19 
SRIEEERIOIOT ES . 5 0. 5 os 0 0 a0 iawn tlds Migsip tie « area vii, 49 
EITM OOTOULI « «oo cs o's wi sisriaen ® 128, 164, 172 
TRE cic ails, cog inn e500 00 5 0 oid almaids sie 21, 185 
TI ial eo s'c gx 5.0 5 d's 0 5 6 beak aghtd «03 abide 328 
eons: Veemacramento County... ....senecis oe oes 319 
IEEE MESATIIOLISCL, 5 os oc + <> « em sleyesiertiaiddie + ws aiden 184 
SOE SNIMICTSON . . 5. cs occ + o orpmmimidolajels anes 64, 128 
TIRE PIETEIIILG chaps is 50's «a se sae én Mes inh 176, 180 
NEE TUITE OV 1°), 2 oo wig c+ ss « & pin tetabcoheiels «on tsa besys xii 
IM SOTTO a aig 5 nino v0 60s 0 + cali adbin'aS © aie adore 22 
Re re rs LIT IST © siuieyene e's alates rerum afd « ofp: cab ais 219 
REE SE TICOT: ... “clale lets ale c's she 0 s ext aereldd « ope widets 160 
PRIERY SUMO VINIOUL 0 0 o.ci 0-6 0 0 ue cee wand bie'SS « aye eed 48, 68 
MEIER SLEPT 2 5) oa o's a. 0. o's oe) ase, 0:5) 0 arabe plage hw alas 151, 351 
ERUPT ETS SLi ons ateivis sco co Samblaihh S sys quethate at 
RT PEPSTATIN | iin os aie eo. ore ne.» b abeipeerofe © aad 19, 20 
AIOSUTOLELLLINIAT) . ccs cae 8 +s seeteteybiec Tk « aye ope 150 
LIU Cg ols 5 x. J's oa 2 9 oe « ere Ripqula ane aks spa hapbars 23 
MEMES UERTIOUD cn sg ni y's +0 000 aguie st ch aitdewa tsetse af Ones va cy otaadl x 155 
RIEDEL EST CTITOMCL. 0. 5 aso 0s « she rtijeis FF «oe cca 271 
BNE Wee SLCDITCTIN:. ic 6 aisas 00s viii, 21, 266, 322, 326 
Peeve LOCK COM CLC, CO... + 0. acteniatas!de ems < 282, 303 
ET I RES COON 0 srasily' aie 6 vase .0,4 prnce-nie he op aaeiest 169 
REMMI ESTES ELON cu. 5 omic sore 4,0 6p. 0,0 08 «bebe etls ois lZhaae 
NAT PEPMETOLOCT: 355 2c o-as, o.c'atas 0's «1+ © Wine Sisvece,d Ae ovele 269 
BE WARD UDETIO’ MOOTTES . axe e% he nid. LE 6 ands omuienl as 
ED eS 94, 95, 106, 109, 112, 164, 212, 288 
Ree ee IDET VISOLS. . sss 0 05.0 ave sym oem’ 62,, 206, 317 
REESE COLL Scie yo x." 0 a 0 « ». ectin'sbeee wage Sie ow « steak 23 
RETEST SIL OTC Gs sins» o/c 0a'c s eeueiaadle 0(6 0 id «, nlp’ od ae 18 
ESM LYS Soh, i'n no's a a-s, 0's coo: s 3 fystarh} oars Bae 18 
ENED OTN DICTOI, ccc s vac cee « eihcslciaiseniib« ae Qe 210 
IRM TOT TSO 6 ssc cs on 0 a ees s dois steered « % 16uek 1 
I TH LOT Sc os a ova a's x < nin « Sis bienstaatc’s We teed 7, 8 
EEL TCIILIC. ary a aa 4.6 0.0 0 0.1004. piavabnbeaiahtis «i organ 48 


xiii | TABLE OF CASES CITED. 


People v. Titherington. ........... sce ee eee eee 184 
People «vA Posh acs. ose eee 138, 176, 180, 236 
People v. Dodd: .2.....5.4..54 5.055.040 347 
People v. ‘Travers... 0.0.0.5. 4. 5 eee 22, 28 
People -y> (Pucker.+ 2... 4. %..5..% 55 ces oe 22, 23 
People *v;/Furner. 2s... 5 3.0.2.2 7, 1538 
People v. T'welfth District Court.........:....¢. 

oer Ne See sleececceecscces WH, 13, 14/603) GF, teas 
People v. Vereneseneckockockhoff............... 184 
People *v.0  Vieles o.c0.5.5.555-5-050:8.2 3.00 a Pa. 
People v.. Wong Wabgs 0% «i en o sreteteietiner sian 216 
People ‘¥. “Waterman... 3.00.) 0.) Sse 2 oe eet oe 173 
People “v: ‘Webb: ..2.5.52422.050502 050 eeeee eee ix, 19 
People v. Wellerso:.c 65.5.5 52:40 5 0-5 eee 173 
People vi Well@is53.6 5.55, ai otete orotate x, 128, 141, 144 
People -v. Whartenby::./2.22.52.00 0 See 301 
People: v: ‘Wihtimans 7. ./.".. 5 Stee 84, 87, 125, 128 
People’ v: “Whyler eres. om xv, 300, 303, 305, 307 
People ‘v. “Wichma irs’. o's. viste’elelete ett te ane nenene 22 
People vo Wihtams.-.'.). ..'0'.'.%."ste ee tee a 8, 150 
People v. Wong Ah Ngow:: 2... . i126 wae chen eeeanaeanee 184 
People 'v.: WOOO. +0555 's'0's ses e's a 5s ots te whore ene 20, 44 
Pereria Vv. Wealhae@e. ctie%e'ore'el tute cee che eae 53, 266, 268 
Perkins, TWXs Parte. ss'.°.%5'. [e's e'sla'stetatatetere ee arene 7 
Perkins -v. Raliss ss ..ccissi 62sec 8st} eee eee 165 
Perry Ve | ATMOS oes eee Sie ale set nee 159 
Perry v. Washburn..... odd ee ea 296 
Ptirrman; ‘Ex’ parte: ci.¢.o2 008 Tee ot eee 96, 248, 256 
Phelan -v; San’ Franciseo..45.'.9% 55 cae xvi, 63 
Prelps' v: “Winchomb «0 0 60005 aoe ee ee 351 
Philbrook, PoiFer 2... 055050500 5 Vee eee eee 142 
Prerpont vi ‘Oreued. ioe ee oe cee 92 
Pignaz v: Burnettsi seis 6 ooo 06. oa ee. ee eee 45 
Preche* Vs “PAWL? ot-ocys So see oa ghelcl See XV 
Piper; Appeal of. ../0ic32 0/3423 22 27) ae 40 
Pittsburg ete. R. R. Co. v. Southwest ete. Ry. Co.287 
Polackev: Gurnee... oo SS eee 10 
Poland’ vw. Carrigan... 65608 ie US ae ee 152 
Polloek vs -Geummnves, .7.7.6 0's a ee 166, 179 
Pollok: v7; Sane Diego. . 0.66. 60600 65 
Pond) vir Pode: 2 ood 6 iene oo eee Lae 164 
Popper ‘vv. Broderick’: ).4"..)."...50 10. cane eee 224, 225 
Porter, ‘ Wstate! Of. >. '.%)0/. e's tele's'etele wa ertane eta ann $s 
Porter *v. Imus¢. 2%.254,05540544.. 240 Ge oe 46 


Porter v. Phomson: :i66/ 3.46585) 5 eee 97 


TABLE OF CASES CITED. xliii 


PPE PETS * 0), re tc sth ot we SO elds wh ces 85, 86 
Bete Oo SCOGH Scie eee aed tc aces Cee aut oes 99 
Portrard KR. R. Co. v. Railway. Co.............05 292 
DPMET OPA INGS 2) 6 occ ioe dee ds 34.6 EOE. oF. IND OL 
Peeenr Ve VE IISOR es sore reece ere wee ode sees SUIAVS 80 
Person V." LiOGCKWOOG. «icc cece ce edo. Sek wold 146 
MRE Ve NPV Scarce s icc be tee VE. ob hey 91, 121 
eeeetee SE ATIC eee cade ed cade athe cll i osidecels 41 
eer WVINP AMT 88 t. hte care cere ele de tlddue 84 
Pere vee IINOM WHILE 22. SN als HTN 5 
RIUM EIPOSMN OO.  . once kk eae Nt te vot dened wale oe 181 
UE APCAE SS cc oid a oi go vo oo oo cteteleat cvele oie oun 278 
Peremeri vy Mtanisiaus Col... sled Ue. Oe 220 
IMT EUNPTYLS SS a Said ivi ead oa at tua ot 6 whole biardtoree 91 
NE CTT UO VT 010/50 'oma'e e's 'a'elele'o'etets ourete sid oot oft 76, 77 
RET PANG FLEW 4's bo 'o hav ison 10's we eee de ote ute at eane 29, 62 
PeTRRUy © PAMLGH © 5 cc 800s 6 oho 60% % 0 UE w oe ele le erewees XV 
Q 
EIECIOLD ER re, cles che Mis: e'k.c se clap tuna afd aiorgy esac Lt 
emery f NUNnS V.. Latnieister. . fac. ceuiess sp woe 159 
Quige v. Evans..... Eh gc te hes Sn betta wend aaeto % 237, 254 
R 
Heaiscn’ Vv: Sausalito ete. Co.........2.30002.. 149, 178 
MII ESAT TV CLL Ss ss. sac cc cus cae ac ae cesses ota 26 
MEI CLITA TTS. 5. vn 6 of ce o ois co we wise oo a os TL eLEt 
Rauer v. Williams.103, 112, 115, 116, 219, 220, eee 
MUMTRPE WET ESTBICI VOU C0. . cc vs se 'saac gassjepe ese nes che, 91, 95 
REI TOP SAT) SEPA TICIOGO, cep cco case cece ence cs 35 
CrratsIe Dist.) V, FIAVAl.c.. cas cage pees pw hae % 39 
Reclamation Dist. No. 108 v. Evans............. 30 
MTA tion List, INO. I24V. Grav. ...cs+ ec ccame 271 
Meemtieirs etc, CO, Vv. WeCULANES. .5.20:ccecrccsscee 267 
IETS ESE LM ee there tate nota! Gane c cheneie aus's ce ht Oe T5r 
Reed vy. O1mnibus R. R: Co.......... XSiiL xv, 16% 17Te 
IIIT GEG Ct ci a a abc cos ak cea use es atest 13 
EPID ONT to. o's sccm opaawmgs scat eet 215 
MEET EG, scien aie cis og se 0 ss ole + tine * ce 6.0 176, 180 
EES C0 fg tet  So sid aus a\urt sp pedo sc heninae 368 
Ee ore er iss auera's s scape’ 0 a © a SRGRATE Sat 
Te ere Te ce ary ons se guu as oo pume.d ag Merle a 13 
TSEC IOSIT CSIC 8 aia sie cs o.oo se 4 Gg ncs came sins cae 241 


EE RUE E SS eee thc ler acc ee cn se 2 ole eee Ane nt erate 78 


xliv TABLE OF CASES CITED. 


Richards v. Wetmore. .....-++.:-++>-:-ee> sean 163 
Ricks? v. Reed . «6. < s0 + 00 eve 0 « 0 5 6 Siena een nnn 166 
Rider’ v. Regan. ic) .«nwsi ede Ue ee eee 26034 
Ritchie wv... Dorland . .... «., «0 one, « « asetese see 15Y 
Riverside Co. v. Butcher... ..:. «+ «atepeeleeenrn penne 341 
Roach, WX. Parte... .,..<.... «so, 0c dim weer ehe le nen 243 
Ropinson Vy. Dunn wet ee 2 118, 120 
Robinson, , In re... 2.0. «000 40 en © 5 pyee eee een 10 
Robinson v.. Magee. 2... oes sd we oe ee 43, 44 
Robinson v.. Southern Pac. Rel.,Co..gi.7) eee 202 
Hode ve Siebes 7.208 «seen ei 102, 108, 303 
Rodley. vv.) Curry on, ., 5,0, <6: 0, issn) ony 0) eee 156 
Roebling’s Sons Co, v. Butler sasssieayeeer See 278 
Rogers, IN Teen « «ace, «, 0,0, « one aparece, telay ot ap a 24 
RoWiDs: vy. Wrighet; so es Secs ee cee oe 46, 102, 346 
Romaine, Hx parte... ... . sss. «= + «skeen ne 5 
Rood. vs MceCargar, oo... +0 sss 2.+ 0s 21s enn XV 
Rose v: Hstudillo...........05..2.5. Soe eee ®... 45 
Rosenberg v. Wrank.../2.@. .....2.s00 eee 158, 159 
Ross: v2 Whitman? . 2 5 200 se sce eee ein eee 68 
Rowe; ‘HX’ partes ly ei 2) Bo Sa vt 
Royer, Estate oto ew oc cle > be eee en 200 
Rudel v. Los Angeles. ...5..53%22%% 5 Soe oe ee 36 
Rutledge v. ‘Grawford:...: 0.6 02's 00s alin sles dT 
tyan ‘Vv. JONNSON. 4. 205 sce eee oc. s s oumalanete eee 9, 15 
WY Cerey, CODD...:.:....4.2 0.0, 0iglels «te ofkehe Ree 137, 160 
Ss 
Sacramento.yv. .Cracker. ....... ++ .ci- 5 eee 255, 304 
pacramento. Vv... Dillman: : ....3... - sss eee 255 
Sacramento Bank v. Pacific Dank. 7 20... ee 278 
Sah. Quah, In TEC... ccen's os. scopey = aiuue © ats aeaet nee 50 
San Benito Co. v. Southern Pace. R. R. Co........ 299 
San. Bernardino ete. Ry. Co. v. Havens... o... ee 39 
San Gernardino v. Southern Pac. Co.).. oe 298 
Sanborn we Belden. .. .. .. «sre a: «ass costae 37 
Sanborn v. Superior Court...... . 8 + ay eee 178 
Sanders: v.-Sehorm...... 0... as es ss esccere a ee Lt 
pan Diego -¥. DDaver. ....s.0% <6 «oa 0 os ee 195 
San Diego v. Higgins... .. 4... 0.2 « os aie 307 
San, Diego vy. Linda. Vista Irr. Dist.. .: <0 305 
San Diego v. Riverside County............. 211, 319 
San Diego Water Co. v. San Diego.......... 38, 324 


Sanford v.. Head... .. 2 seis. so «052 > can 158 


Memes rancisco V..ANGerson.... oo isis ce se oes 297, 302 
Bema roncieco. v, Beideman), i.e). elie siowsl oak 44 
San Francisco v. Broderick........ 110, 214, 215, 258 
BeEreneinco V,. CANAVAN ...)...:.. GEL. Le. Sah aie 219 
San Francisco vy. Central Pac. R. BrGak Cosh ant 319 
pee renicisco. y.. Collings. 28. i cis 039 has 38 
ET ACIGCO. Vr LIUTM ci gieccic acters cele apie oS sb 3leGUt 90 
METAB OOS Ve (DTV ccs ov cle title SMa E op Vie alhte 297, 301 
TM ESPORTS 60, | EY LOOGL. 0:5) soa:cre oo LL OR o wh « chee ee 297 
San. Francisco v. Insurance Co.......... 1438, 252, 254 
San. Francisco v. Kiernan............ 32, 95,.107, 269 
San. Francisco v. La Société etc...............0% 298 
RECO SV, LITE X oi oho eicrescvhie prerecssore bllde es be uate 319 
San Francisco v. Spring Valley W. W........... 

et ae XY, 115;(92) 98, 102,271, 272, 2987302. 
Reereorieieco ty. ralbot foe. 7. US noe ce 297 
San Francisco v. Western Union Tel. Co......... 299 
San Francisco ete. Co. v. Bates....... 29 40, 268, 306 
San Francisco ete. Factory v. Brickwedel....... 325 
San Francisco ete. R. R. Co. v. Caldwell...... 34, 39 
San Francisco ete. R. R. Co. v. State Board. 

Ie gine ove oe dh oe o PLUS 94, 108, 302, 318, 319 
San Francisco’ ete. R. R. Co. v. Taylor,......... 38 
San Francisco Gas Co. v. Brickwedel........... 262 
Bae Prancisco Gas Co. vy. Dunn. coos... dee et ek 267 
San Francisco Sav. Union v. Abbott............ 362 
ea iseoriel Co. y.. Witmer Co...........0205 viii, 310 
meneooee, w pan Jose etc, R. R. Conlit). 6 IM 304 
San Jose Ranch Co. v. San Jose ete. Co.. .25, 26, 146 
Pere uee may. bank .V. Pharisees 2c. Re 278 
Seteisie- UDIspo. Vy, Drake... .. tai 7. Be x, 215 
Sees ISDO. V.. Karnum....... sd. oe Fa 259 
San Luis Obispo v. Graves...... 14, 108, 212, 214, 248 
pan wus. Obispo v. Greenberg. .../ 20600 oes 250 
San Luis Obispo County v. Felts............ 196, 32 
Bae ation vy acer. Co. .v. Hstrada....... ae .yeeer 272 
Pee YY. COODUIN..c.% st tl. oEalhe Vs cise Vor eee 40 
Bee ia leo, vv. VV. v.. sharpstein. .% 20360 1. ok adh 37 
ene er IT W', PST UTATLOT s 65/0) .-<- 0ceve acerone's ceva . 2 SRS 
PPEee rare Vv, .ulOred...i ccc. cceeeewvewa. 167, 177 
EES Are Vo SOETINAM. fs .c oe off BENG ER 186 
PMT MPERSAT ATS Ve. SULCAITISS oc)ciciesovercseoelaes 165, 304 
NRNEMRE Se LUTIP ITIL eas vie sie aes a + 2p etlh Ba 104, 223 
Santa Cruz etc. Co. v. Santa Clara.’..2......0.0585 15S 


TABLE OF CASES CITED. xlv 


Santa Cruz Rock ete. Co. v. Lyons.....0.....%.2. 28 


xlvi TABLE OF CASES CITED. 


Satita Rosa. v..Coulter. .. iismcsiiutin.. .6 abe pees 5 ou aes 
Santa Rosa .City R. R. Co. v. Railway Co..... 5.142 
Santa Rosa Nat. Bank v. Barnett...... 273, 275, 276 
Sanders. v.. Haynes... iv tisies 1. oe Oe eee 166 
Savings etc. Soc. v. Austin...... 71, 214, 298, 301, 316 
Savings ete. Soc. v. San Francisco...........%.. 310 
Schroeder. V. Grady... «.. 0.0.0 e.0.cls ice & oats te Raat eEennn 317 
Schumiker v. Toberman....../it..s-sseb0m 29, 254 
SCRWALtzs . Vi  WiIISOD. ....0:0 01010 0 bad bs le Oe 262 
ScouayY v. ‘Butte. Co....0.). wives ie at GALS 79 
BEALS UY. GAOT. 0. new ineow cll Mi oul. 2 F <M 362 
Seale v. Mitchell....0i% susaets dni. ae he eee 145 
SEArCy Vi. GLO Wer vc ovo io se in se snc ge iw cooled wole. 0 She AND 88 
Seattle Coal ete. Co. v. Thomas...............%. 164 
Security Sav. etc. Co. v. Hinton........ ZA; Cele aks 
Security Sav. Bank v. San Francisco........... 298 
S6ube, HX Parte sss. cle aick Jee seas. ow obtener 255 
Sharon v.SHaron ... i vsceel. .¥.cnd See eee ix, 151 
Sharp. v. Blankenship .: .visiikd. «seh eee 24 
Sharpe v.. Contra, Costa Go;. .j1..13. 5.00. coke een 45, 208 
Shaw. vv: Statlerei...%. 2x5. k..E2. le oe ee 263 
Shealor’ v..Saperivr, Oourt.. .... 0, «s,s sscleressass suena 178 
Sherer v. Superior Court............ Si ee ,.169 
Sherman vy. BuieKs i431 uch... 05) eed). eee 34, 35 
Sheward v. Citizens’ Water Co... .......... 824, 325 
Shtader, Ex. parteviilé .¥. ied 4, 41, 62, 2438, 249 
SiG; TR Te... a. os oe bs oe otal SWbIh el > oe okie eee 244 
Siddall. vy... Harrisons .2k 23) 236 2:65) eee ee 169 
Stemssen Vv. Bofers's. ves... ces «0. is De 50 
Sievers v. San. Franciscowsiit .o. AikG2. ee eee 36 
Sinimons v.. brainard.).......oses «2% See ee 148 
Simons. y; Bedell... . 2. ae Bite Se ee 158, 163 
Sinty dée, Hx Hartel... ...2ovsee te. eee 242, 250 
Sinton v.cAShbDuUry o... -Bvew ieee ee oe ETE Ride 225, 253 
Skillman y. Lackman........... wie k SPR EG 147, 148 
Skinner .v. Buck. ..:.. 00563 043 22% 203i). ee ee 25 
Slocum. v..Bear. Valley. Irr. Co..niico ko. cae 105 
Sihilie v.. Fresno. .. .)s. scuttle oo. oe. ee eee 263 
Shith ww. ADNALEWS.. ..< 0.0.0.0 ie :c.c-0.0 wile hible dike alee ee 169 
Smith:v. Broderick..........a0i.0%. 2% Seine 262 
Sinith. v. Brown. 2. 00 ols wtih Sis. oe SPREE 351 
Seat WV.) DUT. 1 o's co ioe 0 wo wd CDAD. ce 110, 120 
Suiith) ex. parte... 12 ses vs 6s FR ee 41 
Sidithiv. Warrelly 244).7 .2igen. ese bade «ESO le buy ee 305 


Sinith. v.. Kenfield. ciivv.d oi. a). 299. 110, 186 


TABLE OF CASES CITED. xlvii 


PRRSME RIO LICTINOLL, ... nce sc ccs cc us sien 102, 107, 358 
NTN nn oa. o wile ein aiais, meth sae ¢ oefareseXls up 6 43, 47 
TEE ETC og. bala edie a dino o:s « Htcia ef the"bty oiem 153 
RE RMIOATUIOIS. FR. Fe. Ge oo cce wntace ofithtam Bila omit 179 
Drs 1. LIA WIETICG) CG? fist ie de am) slicca tn cine ey 5% 17 
CST TMMELL OTT gin sy 5 ote 2.0 akpidwle xine mak 62, 63 
MIEEEMEEANY OMUCTUCIO ... . «Gu ireiee a oe ittewlal Ue * we aiding 169 
Beet ce Weating, FX parte. .. 6.0 + drape 4, 14, 16, 219 
eo on, BEL a on oe auch alate Wale *. asonhit 79 
SIME DECC TICCLCL) . . . 5 5 5 as os ase my ppd 6 acerecery 2 
EEO es og Sv ang 00 5 Sais lath 's ape Sapte bes 244 
SUE TEMEIL OOS 6), os sos vos 0s el siddigiele aig sme 148, 156 
cco ng ce 00 eh ane oh «G+ dupes SOL 
Sue Glew Banik .V.. EVIL]... 5 sae ois) * ovy © misietere 278 
Southern Cal. Ry. Co. v. Superior Court......... 150 
PAC a Ty., Fy. OO We ELEC Ye. «she 0:4 mie oy qoethcs 167 
peeeroeb ne kts Oo. ov. REED. 46..« of evans visio ase 
South Pasadena y. Terminal Ry. Co......... 245, 249 
ES CRUDE Y 1S nave wey poole. o.oo 0 0 omieeid RIN o a. eon 354 
IEE Ns te oo. yc tisiete ul OAK o-ciw ainseia eben we 181 
OIG ORVALIO cos ay cares oacle es pais 138, 237, 239 
ERENCE WU WEOHGL 5 2h, oom 9 ogo « «04 Pai s.c%e ie * 919 mes 9ie 78 
Se a A ay 360 
Spencer Creek Water Co. v. Vallejo... .137, 165, 166 
EOS OS USES 06, 57, 59, 94, 105, 349 
EMME EEL LL) 5 5 6s 0:97 #.9.9'9 9.0 9 cla'eisisble «sto teas 350 
Spreckels v. Hawaiian Com. ete. Co............. 158 
Petter AULCY. NVI Wy BSrDery « cccie ¢ «ieee ® 9:10 297 
Sere CMON COW , Vy DArtletl.. 4-2 svainises ap ome 325 
Somneevauey, WwW. V. Bryant: 6.5. ite cies wees 2702 
Spring, Valley W..W. Vv. Drinkhouse............. 37 
Spring Valley W. W. v. Schottler. .267, 298, 303, 326 
Spring Valley W. W. v. San Francisco.......... 
Pree. eT O PASO 2605 273, acc, sdeos! O24, oaot oon 
NNT EGLO NCSC NE Bisa cds i ive yn wooo we ance ye wha bee gh o> Wet ple AT 
WUE AIEE BIBL DLOrOL.. os . «sews ods ana cd oind 91, 109, 118 
rneerdn ys SGD , WLAIGISGG. 0.0.0.6. Sicials alele o We Wm wa 36 
EGR Lis ioP ie ods dpe re jake iaccveie soye hoi hath ahh a] og «Mis PS 86 
ee IT LON chaste ninsedeiesoieiesavo,0.c.0fl eitlegiele-«, ge 40) pe ea 
See ESIPEEILOU CL. (22s ose veicsnseychelaid ¢ dale «oo aie) ale ofgid feibis IT 
MEME MIEL GT 5,cxnie ble Alyse 3 «dk «SG eld duels geht egee eo 
eee BCCI TIENT OIA ID), os cece. oder exes oiy 0, 0in Y alehe «che Sqaes 17 
REE REID ORO Tis bake he ie sheds in ieieneie..e i tetidh akles wie toteas viii 


EE MES. 55 0) h xreccheysiexens, sal nica 43 ban « ror e ‘4 


xviii TABLE OF CASES CITED. 


plate Vs McCauley ;% << :.. $s cape 8, 331 /18s2 
State ‘Vi Purdy... 0150's’. 0's eitetateitetetots ‘ste 'skel enn nn 849 
tate: vi Sloan se. sos 66 60 6 ht 6 ee 122 
ptate-v; ‘Smith... 2. .sstls 4. 04 2 ae ee ee 50, 194 
State v. Steamship Constitution............ 341, 342 
state Census, In re... ..)%...<.esen bl Storer inked 76 
Staude v. Election Commrs........... ix, 61,:63, 223 
LCI Ve) OWL ois 'a.'.' 5's '0's so & ale ae = ae 283 
stephen; FX Parte s toie'sio's'% “sle'e's‘e'ocutets ‘ate (EAS 244, 251 
Stevens, IM: re.sccecsdcdcec Cae ce ees eee eee 137 
Stevens vi Truman... 6566161664600 ee 63 
Stevenson’ vy Colgan: /icisiicsessst ee ie ot eee xhoiiit 
Stewart Vv. KySeriis cs foossendases eens eee 60 
Stilphen Vic Wares ssc ei. bl k.cctw eels Cleon ee 278 
Stockton: v.. Insurance Co:; .2..1it.« ber. oe 224, 318 
Stockton ete: Co. v. Galgiana. ¢.0)..00.-ctee en 38, 150 
Stockton ete. R. R. Co. v. Stocktons. 45 5. eee 

no ate ed eae oe Ae ee ee xii, xiii, 34, 196, 284, 303 
Stone: v. Hlkins: 2) :255 2si.:+04 fueh eee 2 S 
Stoppelkamp v. Mangeot: .: «sss es ss hella s eee 178 
Storke v. Goux. os ificecscscscegae ee eee eee 241 
Stratman; Hx parte: :si.5.6i 1s sues ot «cee 138 
etuart; In he: ooi2 és 26265426 be eee eee 251, 3534605 
Summerland v.: Bicknell.’ «2. 2070 ae see 16; 216.218 
Sutherland. v/ Sweem, .... +++» +s 00s» \0sst ene 180 
Suydam ‘v. MOore; sii iss sss sc 0 we crete seen 287 
Swails v. White... .:5..'. sled o's 5 edits ae «se ee 99 
Swamp Land Dist. No. 150 vy. Silver...s..0....%). 219 
pyweet' v: (Lice) i sae ee ses ae ss Cele bo digitale amen 143 

dh 

Tay-¥. Hawley. sidetes oasis. ab oe bie «.ot6 canbe 28 
Daya Or FX! + DATUC Haws oo. «teiedigs geen "hg = he oo 224, 2414 
MVaylor «vi FLIL. 2 osc 00 60 00 +00 sie «olsen eet 
TaAy1O Ve MOE. «0 once eles «sie sc 0 aele Serr 118, 120 
Taylor :v.Palmer......... 29, 40, 254, 268, 296, 305, 306 
Taylor Vs. Reynolds. ....000s0«e0se0 she eee 10 
THY LOR Vet LAiOr. .> swat cue bho eke «o's 55 6 oe o 5 
Tehama: Coz -V.. Bryan... «s-.4. si 0ldbe en 38 
Teralta Land. ete.. Co..v. Shaffer... .. wifi. meee . 46 
Terrett: V~~ Dylon oieie:cis:e:c:oseie-+0.01 01618 bible ne dD 
Thistleton, -EXX: DArte. «<0 «05 4 <0 «uae afin eee 147 


THOMAS: ‘Ve ADGCISOD 6 -c. :o o10 ne 0 10-5 os 10 0d. 157 


TABLE OF CASES CITED. xlix 


PERMA OS MOK PRTC. le lees cine 97 
‘rnomas v. Justice’s Court... .......08 2s ee ees 165, 180 
‘Thomason v. Ashworth............. .. 223, 269, 338 
‘Thomason v. Ruggles........... ix, 223, 269, 338, 360 
aermmpeson’ V¥. * Willitines. <2 Vase. ok on 145, 170 
aor Vo pan “Mrancisco.s 20:5 Se Ve Cie. ee ds 43, 46 
Py MOPsLON Vo: HO@pers sigs cece s tere ee eww eee dl 43, 44 
a erenter=vo-Atehigon: 62.5. 2b iisss ORNL... Ta 46 
Tharkock Trr. Dist: -v. Williams. si... 6 6. ele lee 30 
ELSIE I de cs cs sic tcc cesses aevanens 3 
ENE TD oe oy so s-3.0 ole ss c a se sca ce ve os 159, 163 
IETS SUOL GS tc)... on oss coho esas S ove okie way oft 362 
SMES a8 oy os Ss byaherd mid am + o.9 ed ane 168 
TENS SEE TOT OT os 5's ale Feito d'a, see» steasrm pidus mb one 164 
es SSUDETION COUP. an wrcte pias wtp 0 wre seine 28, 161 
RI Ve LV OD Ss ck ab atewera's < azo enero ors pom a05 29, 40 
ER ENE PICU eS ids bw ordyince d © orgs excipperens 99 
TA SUPP ESTOOIS 0 fof ooo! c's a ws ards tearesd 4 siege woidie « 169 
Seer All POUGUIN CO: . oo de 5 tikes oreo wien done iach cea 
ee TMA AILO? (GO. cicliclneSd 0! dus + sm iord obs 00410! 0 oh rene 241 
SEUNEMOPNVEDIGY sles ec cence esessvesas 305, 309 
Ie Wa LL OD MOAT. situ erwipss ete eine ie erie ove 80 0 4 285 
IE CG PO ASAT INO 02.2%". Wedges dpa pn, roa, 6. vip 30.0 ce 97 
MAREE EM Ce Cutt G 8, 5 2s. % 'oie.4 0s be 10 010 a vehepeunee on 78, 185 
Tee ELIT DLCT’. 2° 0%e e's sieves be e aiwmisss ¢ oye open 143 
IIE RST TA cs % eee 'o' si nibba bl elem owe sts viene te 349 
MUMIUMM WERT EVICD o.oo cle ccc es ecceeen 106, 155, 156 
MMI Oe Ve SOCILCTOS . 6 AEE ccc cece cas cee nse’ 241 
Oem OILS “COs. So 6c ccs ce clade ce es es 210: 
Tulare Co. v. May...... 15, 108, 110, 171, 172, 217, 258 
Tuolumne Redemption Co. v. Sedgwick.......... 46. 
een ate, 1 ISt. Ve lliamss cose eos. ES 296. 
mena rer SOS ees oes oP Ea 2 oO 
Prrneriy. Pink yO 0... ss esgie resi ek 15, 107, 215 
meray © NAATRNOU My... etc cc ce cece te 78, 135. 
a usenioosa i. Co. y. Olmsted: ....52.00..50 405 ee 
EE ERSTE Re ea ieiae aes. c's coa's. bit eee ey POLE 46. 
PPP PPCETTOs ses sost essa sree ree ee: 242, 247 
eC E ICS LOM Nae. Si ess he ce ete wate hele TABS 
eee INTE COOLS Ss COs ie ee eee 36 
U 
Underhill v. Santa Barbara etc. Imp. Co......... 283 
umererinies vy. Ballin’ 2c co ce See 79 
IETEELOO WW. COOPUCT. «2... oc ose ccc ee 5 te tieis cc 80 


Constitution—y 


] TABLE OF CASES CITED, 


United States v. Greathouse... ... ssa eee eae 51 
Wnited! States .v: Hanway << sats sees Shee AL 
United: States ‘v.. Hartwell .. . ¢2chcuepteuke eee 351 
United: Statesv: Rhodes. .. .. . sus >rs eee ae 5 
University of California v. Bernard.......... xii, 98 
Upham .v. Supervisors... ... +. sss sae ae 69, 208 
Wridias ve Morrille<.. 2420s... wee ,64, 138 
Urton vi. WilSOMs. «2. «2.44.2 0s « plaseese eee 335 
Wrton wv.) Woolsey is. ancanine . i sae ated er 
V 
Wall Ve peath  LDICPU IOs. tie. etete to tae eee 13, 103, 111, 215 
Vanderhurst 'v. Tholeke.. 5 62. 4 ee 247 
Van Harlingen ‘y. ‘Doyle: ..:.20. eseee: eee 15,°62 
Van Hoffman ‘vy: Quincy... 059 . eee ee eee 5 
Van Valkenburg v.. Brown.’.’.:.. 20% fs. 6. one eee 56 
Vassault ‘v. Austinvssf05 030 007 ee eee ee 188 
Vaughn’ v. Eenglishi.. . 22... ss. eee ee oe ABT, SOL 
Yentura Co: ‘v. "Clay: 22.232 2a eee 157, 256 
Vernon School Dist. v. Board of Education...... 
Bee arene e ota so he ota tule te Bee ete 96, 103, 227 
Vilhaec’ vy. Stockton ‘ete. R: Ri Cosy ares ee 37 
Vincent v; ‘Chicago:etc. BR. Re ‘Corse eee 1s e200 
VOL Hx Parte’... '08%s'so%ale n'a le ete sete (senna ee 8 
Votan’ v. Reese ws. 25 oS coe ee ane en 147, 148 
Vuliceyich ‘vy. Skinner. ..°.'..8.) 7/0 te oie foe kOe 
W 
Waldron «v.; Railroad: Go.%..5 5 «.. ... « «seinen aa 287 
Walkerly, Estate, Off, si .:s css’ »:srsisiesquues hae en LD 
Wren: Hix parte. ..«s <.«aewiasteb tae «ne ee 69, 212,. 213 
Wiailineford, “Mix parte....... «0. ,<0ls<isis nee din ulema 168 
WVeLSOiaeVo(PA USTIN 6), 10 oss sce ie eye sereee 16,108, .212 0.2.85 
Wealsitey. “Mathews x... 0:c°< 0:00 ¢-0) ole eee eee 40, 307 
Walshiy. Mathews ......k.0<anvds> « «. ost eee 305, 306 
Walther v. Rabolt. ......... ss. ss). ois, one 5, 49 
Woardiew, HlOOd ei ok. cic oe 6 0's 5 5: o:0 0 = ween ee 195 
Wares ve: Robinson... ... «5.220 +» » «pny epee 26 
Warners ¥. (Halls .os.0..6.. 000» 0 » site) epee 146 
Warner -V. > Reedy vis é cieiac avec ole cavers ik » pe 146 
Washington veo-Black,.. ith. 3. <6 sae eee x, 92) 265 
Waterloo etc. Roads» Co. v., Cole.-. ,.«...05 5 ee 212 
Watt ov. Wright. -.c.% cies - 2 oe aunatpiee sup tee Jia 


Weaver v. San-rancisco. < 2...««.si see 262,. 263 


TABLE OF CASES CITED, li 


RIE PE RARYIGOI. 4. oso <5 www ctO » OONSRA delete 154 
emer mE . OlLATA. CO. ccac occ shit FUL sues 3¢ 
Weiderkind v. Tuolumne Co. Water Co.......... 185 
PI eR ESODLCIG . oc ano Pee tek « are vii, 82, 352 
eeiGie oy. Strother... oe cccileis ered taeuloalid. oe. be 263 
Wells v. Black..... cowie aie) dala ee Ride as 2 275, 276 
ORE RED TG onc areresatsconcpesepaiitg:s,n;a,aftPahlt Rit We «e's HEN 189 
Gee pL OLLANOCGS Sotlen Gime Chad Mie de a 7. Teidle OE 169 
Wells, Fargo & Co. v. Board of Equalization....318 
Veen eeceease, 0... onright.... ooeticc. ... ses : ; 278 
PCPs reel ire oyhely oie. liniewel). on Sake 
Su Medico 2G, oL.05,2110;. 212.°2139:215,1-216,-2217;.240 
EE Beg in own oo oo wn ow te CIT Gale 96, 243 
West Phil. Pass. R. R. Co. v. Union Pass. R. Co. 81 
SET UKs DATTC 1 a's <2 a Heider Ie es o% pyle 106 
Western ete. Co. v. Knickerbocker.......... 72, 104 
OT SPOIITICLL. © cus ¢ sth at wie otic solo cc ee'e dow eee 153 
White, Ex parte.......... Sirs lene stake rah cackuerh’ 6 ttabe a 248 
EET IG IAL ce 5.6 sie 0a 0 vas ee vies eo 0 at 08 6 oye 146 
Pea T IMMER UNECSLULO TC, , e's. oo es ws sce cs cs yee seme © 278 
Whiteman v. Wilmington etc. R. R. Co.......... 130 
SINE TATU ong w'cis 4 ye de p.c sf asaee se se cae 359 
Whiting v. Quackenbush’. ..........% 29, 40, 268, 306 
Weehibiioe ys LOWODSGHO.. s0iso cc... 29, 40, 63, 268, 306 
MMT SCE TORO) 1 5° ys ops oc-cise ee ne tees cese ees 6 77 
ITT LILO oh. yc sic nice oes salem tncas ct ces 249 
Semorina ¥.  DYittal soso. ce oe ue 168, 358, 368 
PPP CUCE ESIC. 7. ol cls ccc ce fe a> Lo. 1G) LU 
EEE EUSA INTIU. aed tt ce ce eee esc e Pec ee em e's oc 168 
RE OREM MMMEERAFILC IDS datdic se cle cag’ w wleipiitelciclads aletec s 145, 161 
UUM MCITIS VAL Gai 4 lpiwh, os cv tcc evcc cece tes 6 ciss La 
TPM TaWee UDCTIO“N. COUT... 0200 ods Meds 0% ole 18, 31 
es COL COLADD 4: cecss.easecesossiniovestieverdidl bud os 3038, 305. 
MMII TPeITR STON AVC oo. fcc ccc dines eciersiece 106, 107, 362 
NPEINRIIEEUT MOV TILISITIN 6 Go e's cc aaa sc s't'ss cane ses ee 159 
REE A WRONM sir ental W ots liva pléles coe se se 80-8 152 
MEME ESR ISDS scien Sic sais ea iss dp noe 8 6 oo 0: 0's xv,: 29 
EN ETN DT PO iy cre sine a <a sis 0 fede e a 6 0 ese eed 
UII PES UIE TY ISOM... on xiac cise 4 cca ees Oss ceeewce 399 
RNID. WEISEL 0c ls ooo ae ovale et olaie w elehere 279 
Perera. «ite OO. V, BIAke,......cc0ce 0 ete be 289 
ere me Leet, ht. GOO. Vo. VV BLOPON . |. oo san betas & 287 
Peemmeeny BON OO, Vo BTL. 6.0. cos sce oe vs te ees 276 
ET RUMUAE Oh Lo elas cores cio se wid aus & es 0 ate vele ards cia? «aia 151 


Pen ey ILD DALLICK 0. . soe 8 SS Bile wells 0 Mais wee 153 


lii TABLE OF CASES CITED. 


Wittmeier,. Estate of. 2 .ci03.05.0 0.0/5.6 ae i. la 
Wolters,. Ex. parte... ...+ «dic do hia laes meebeee eee 251 
Wong Hane,..Bx parte. ..2..: cece ee 245 
Wong--Xou ‘Ting, .Ex -parte........cseaeeeeeee 9, 10 
Wood.v. Election. Commrs...,........;206eeeee 93, 227 
WOOGTUEE Ve Boa 1G WA 6. oo 0: 01x os.0ner oven crm sxe 0 OER 97 
Woods -¥. -Varnum., .....5.0+sn00s05 cee eee 9, 86 
Woodward v. Fruitvale Sanitary Dist........... 

wh 4EUG el dtaig ahale Wiha chile, Ade PEM ia le xii, 72, 80, 254, 257 
Wratten. v.. Wilson. ..2.2.00 0. .0. dN 5, OR 17% 
Wright. v. Central. etc.. Water. Co...i2/):ca:00 27g 283 
Wright y..Del Norte Co. U. 052. ZUG Boe 158 
Wright v. Laugenour.....o0. 60. e00n0 50st eee 351 
Wulzen -v. Supervisors. ...........1). sles cen 2; Dep tae 
Wysinger v. Crookshank.......3ii8@. umm sae 195 

me 
Yale, Bx. parté: ii DL ee once 
Yarnell, y.. Los Angéles.....".- 7. i. eee 257, 259 
Niek Wo, In re. ag. 6. Daa. eee 2438 
¥Yoto Co. y. Colgan. .......+..0 shee » 2 ThLe ee 
Yolo Co. Yo, Dann: 0060.00. 6 whee ida sadeure 
Yolo, Co. .¥. Sacramento... 3... i secs rer 
‘Werk Co. y.. Dalhousie?) i 5552. oo.un eee + Sek aie ae 
Yosemite Stage etc. Co. v. Dunn.......... § «46 uae 118 
Young» wy, Bosenbaum. 5.5025 eee ee + Adasen 
Younes VW. e WITH. oc eae ec aces a eee PES: 180 
Yule: vy. Bishop...'..0 «ssi 28 sss = 5 eee «'* Ka see 
Z 

Zabriskie: v; ‘Torrey. ...«.. sis). 20. eee V7 


Fan er Vie COON. NA en chnasasc iO eee 145, 177 


TR SR SR Lr Lr Lr Lr Shr Sr 


SR Lr Sh Lhe She Lhe Sh 


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10. 
11. 
12. 
13. 
14. 
15. 
16. 


17. 
18. 
19. 


ls Se AT a aa 


CONTENTS 


OF 


CONSTITUTION OF 1879. 


ARTICLE I. 
DECLARATION OF RIGHTS. 


Inalienable rights. 

Political power. 

Relation to the American Union. 

Religious freedom. 

Habeas corpus. 

Right to bail—Rights of witnesses. 

Trial by jury. 

Offenses, how prosecuted. 

Liberty of speech and freedom of the press— 
Trials for libel. 

Popular assemblies. 

Uniformity of laws. 

Military power. 

Personal and property rights. 

Eminent domain. 

Imprisonment in civil cases. 

Laws prohibited—Bills of attainder, ex post 
facto, ete. 

Rights of foreign residents. 

Slavery prohibited. 

Searches and seizures, restriction on. 

(lili) 


Cr Gr? Yr Cr Cr LP 


Cr Mr Gr 


Cr tr Tr Lr Lr Lr Lr 


jt 
a 


B ere 


OMAR MAR 


_ 
= 


CONTENTS OF CONSTITUTION OF 1879. 


Treason defined. 

Privileges and immunities of citizens. 
Provisions of constitution construed. 
Rights retained by the people. 
Property qualification not required. 


ARTICLE II. 
RIGHT OF SUFFRAGE. 


Who are and who are not electors. 
Privileges of electors. 

Primary elections. 

Militia duty, privilege of electors. 
Residence of voters, gained or lost. 
Hlection by ballot. 


ARTICLE ITI. 
DISTRIBUTION OF POWERS. 


ARTICLE IV. 
LEGISLATIVE DEPARTMENT. 


Senate and assembly, and enacting clause. 
Sessions of legislature. , 
Election and term of assemblymen. 
Election and term of senators. 

Number and classes of senators. 
Senatorial and legislative districts. 
Organization of legislature. 

What number constitutes a quorum. 
Rules for their government—Expulsions. 
Each house to keep a journal. 

Privilege of members. 


wr 


SR SR SR SHA 


or 


Sr Lr LR Lr 


12. 
13. 
14. 
15. 
16. 


17. 
18. 


19. 


20. 


a1. 
22. 


31. 


32. 
33. 


CONTENTS OF CONSTITUTION OF 1879. lv 


Vacancies, how filled. 

Open doors and secret sessions. 

Adjournment, how long and where to. 

Origin and passage of bills. 

Approval and return of bills—Passage over 
veto. , 

Impeachments, presentment and trial of. 

What officers liable to impeachment—Judg- 
ment on. 

Member ineligible to office created during the 
term. 

Who ineligible to office under state govern- 
ment—Proviso. 

Embezzlement or defalcation—Penalty for. 

Public moneys and accounts—Statement of re- 
ceipts and expenditures. 

Compensation not to be increased during term. 

Title of laws—Revision and amendment— 
Publication of. 

Local and special laws prohibited. 

Lotteries prohibited—Purchase and sale of 
shares of stock to be regulated. 

Congressional and senatorial districts. 

Hlections by legislature to be viva voce. 

General appropriation bill, what to contain. 

Restriction on appropriations and grants of 
aid. 

Credit of state or municipalities not to be 
loaned. 

Extra compensation to officers forbidden. 

Charges of gas and telegraph corporations to 
be regulated. 

Special appropriation bill, restriction as to. 

Lobbying defined—Punishment for. 


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CONTENTS OF CONSTITUTION OF 1879. 


ARTICLE V. 
EXECUTIVE DEPARTMENT. 


Executive power vested in governor. 
Election of governor and term of office. 
Eligibility and qualifications. 

Returns of election—Counting votes. 
Governor to be commander-in-chief of militia. 
Executive business of. 

To see that laws are executed. 

To fill vacancies in office. 

When to convene special sessions. 

Messages to legislature. 

When to adjourn legislature. 

Disability to hold other offices. 

Keeper of seal of state. 

To sign and seal grants and commissions. 
Lieutenant-governor—Election of, ete. 

When powers of governor devolve on. 

State officers—Election and terms of office. 
Secretary of state—Duties of. 

Compensation of state officers. 
Governor—Ineligible to United States senate. 


ARTICLE VI. 
JUDICIAL DEPARTMENT. 


Judicial powers. 

Supreme court, how constituted. 

Election of supreme justices. 

Jurisdiction of supreme court. 

Superior court, jurisdiction. 

Superior court, how constituted. 

Superior judges, apportionment of husiness. 


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CONTENTS OF CONSTITUTION OF 1879. lvii 


Judge may hold court in other county—Judge 
pro tempore. 

Leave of absence—Limitation of time. 

Justices and judges, how removed. 

Justices of the peace, provision for. 

Courts of record. 

Jurisdiction of inferior courts to be fixed by 
legislature. . 

Clerks of courts and court commissioners. 

Judicial officers not to receive fees and per- 
quisites. 

Supreme court opinions to be published. 

Compensation of justices and judges. 

Justices and judges ineligible to other offices. 

Charges to juries. 

Style of process. 

Reporter of supreme court decisions, 

Judges not to practice law. 

Eligibility of justices and judges. 

Condition precedent to draft of salary. 


- ARTICLE VII. 
PARDONING POWER. 


ARTICLE VIII. 


MILITIA. 


Organization and calling forth of. 
Device, banner, or flag to be used. 


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CONTENTS OF CONSTITUTION OF 1879. 


ARTICLE IX. 
EDUCATION. 


Promotion of intellectual improvement. 

Superintendent of public instruction. 

County superintendents of schools. 

School funds, source and origin, and how ap- 
propriated. 

System of common schools to be provided. 

School system, what to include. 

Text-books, who to adopt—Local boards of ed- 
ucation. 

Sectarianism prohibited. 

University fund, creation, management, and 
application of. 

Leland Stanford Junior University. 

The California School of Mechanical Arts. 


ARTICLE X. 


STATE INSTITUTIONS AND PUBLIC BUILD- 


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State prison directors, appointment and ,term 
of office. 

Authority and duties of. 

Power of appointment of employees. 

Allowance for expenses. 

Powers and duties to be regulated by law. 

Convict labor to be regulated. 


ARTICLE XI. 
CITIES, COUNTIES, AND TOWNS. 


Counties as subdivisions of the state. 
Removal of county seats. 


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CONTENTS OF CONSTITUTION OF 1879. lix 


New counties, establishment of. 

County governments to be uniform, under gen- 
eral laws. 

Boards of supervisors, election and appoint- 
ment of. 

Municipal corporations to be controlled by gen- 
eral laws. 

City and county governments may be consoli- 
dated. 

City charters, how framed and ratified. 

City and county charters, to contain what. 

Compensation of officers. 

State taxes, no release or discharge from. 

Local police, sanitary, and other regulations 
may be enforced. 

Assessment and collection of taxes. 

Powers not to be delegated to special commis- 
sion, ete. 

Inspection officers, appointment of. 

Private property not liable for corporate debt 
of municipality. 

Moneys, etc., to be deposited with treasurer. 

Making ‘profit out of public funds a felony. 

Restriction on power to incur indebtedness. 

Street improvements. 


ARTICLE XII. 
CORPORATIONS. 


Corporations to be formed under general laws. 
Dues to be secured by individual liability, ete. 
Stockholders to be individually liable. 
Corporations construed. 

Banking prohibited. 

Existing chartars, when invalid. 


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_ CONTENTS OF CONSTITUTION OF 1879. 


Charters not to be extended, nor forfeiture re- 
mitted. 

All franchises subject to the right of eminent 
domain. 

Restrictions on powers of corporations. 

Liabilities of franchise under lease or grant. 

Corporation stock, restriction on issue of. 

Election of directors—Cumulative or distribu- 
tive votes. 

State not to loan its credit nor subscribe to 
stock of corporations. 

Corporations to have office for transaction of 
business in stocks. 

Foreign corporations, conditions. 

Corporations, where to be sued. 

Transportation companies, rights and liabili- 
ties of. 

Officers of corporations, restriction as to in- 
terests. 

Free passes on railroads prohibited to state 
officials. 

Fares and freights to be regulated by govern- 
ment. 

Discrimination in charges by carriers forbid- 
den. 

Railroad districts, organization of. 

Temporary railroad districts. | 

Legislature to pass laws to enforce this article. 


ARTICLE XIII. 
REVENUE AND TAXATION. 


Taxation to be in ‘proportion to value. 

Churches exempt from taxation. 

Land and improvements to be separately as- 
sessed. 


CONTENTS OF CONSTITUTION OF 1879. lxi 


£3: Sectionized and unsectionized land, how as- 
sessed. 

§ 4. Securities, taxable. 

§ 5. Contract of borrower to pay tax on loan void. 

§ 6. Power of taxation cannot be surrendered. ~ 

§ 7. Payment of taxes by installments. 

§ §. Annuai statement of property to be given. 

§ 9. State board of equalization. 

§ 10. Property, where assessed. 

§ 11. Income taxes. 

Seige Fol tax. 


§ 12%. Young trees and vines exempt from taxation. 
§ 13. Laws to be passed by legislature. 


ARTICLE XIV. 
WATER AND WATER RIGHTS. 


ARTICLE XV. 
HARBOR FRONTAGES, ETC. 


ARTICLE XVI. 
STATE INDEBTEDNESS. 


ARTICLE XVII. 


LAND AND HOMESTEAD EXEMPTION. 


§ 1. Homesteads. 
§ 2. Land monopoly. 


§ 3. Lands granted only to actual settlers. 
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CONTENTS OF CONSTITUTION OF 1879. 


ARTICLE XVIII. 


AMENDING AND REVISING THE CONSTITU- 


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Proposal of amendments—Submission to vote. 
Revision—Convention for. 


ARTICLE XIX. 
CHINESE. 


Protection from alien paupers, ete. 
Corporations prohibited from hiring Chinese. 
Public works, Chinese not to be employed on. 
Coolieism prohibited—Removal of Chinese. 


ARTICLE XX. 
MISCELLANEOUS SUBJECTS. 


Seat of government. 

Dueling, disabilities arising from. 

Oath of office. 

Election and appointment of officers and com- 
missioners. 

Fiscal year. 

Suits against state. 

Marriage contracts, validity of. 

Separate property of husband and wife. 

Perpetuities not allowed. 

Disqualification for office by giving or taking 
bribe. -4 

Exclusion from office, jury, and right of suf- 
frage of certain persons—Protection of right 
of suffrage. 

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CONTENTS OF CONSTITUTION OF 1879. lxiii 


Plurality vote to elect. 

State board of health. 

Mechanie’s lien. 

Term of office, duration of. 

Hight hours a legal day’s labor. 

Sex not a disqualification for business. 
Payment of expenses of convention. 
Election of officers—Term, when commences, 


ARTICLE XXI. 
BOUNDARY. 


ARTICLE XXII. 
SCHEDULE. 


Laws to remain in force. 

Recognizances, obligations, etc., unaffected. 

Courts, save justices’ and police courts, abol- 
ished—Transfer of records, books, ete. 

State printing. 

Ballots to be printed. | 

Registers, poll-books, ete., to be furnished. 

Who entitled to vote for constitution. 

Canvass of_returns of vote. 

Computing returns of vote. 

Terms of officers first elected. 

Laws applicable to judicial system, 

. Constitution, when to take effect. 


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CONSTITUTION 


OF THE 


STATE OF CALIFORNIA. 


ADOPTED IN CONVENTION, AT SACRAMENTO, 
Marcu 3, A. D. 1879; Ratirrep By a VOTE 
OF THE PEOPLE ON WEDNESDAY, 

May 7, 1879. 


PREAMBLE AND DECLARATION OF 
RIGHTS. 


PREAMBLE. 


We, the people of the state of California, grate- 
ful to Almighty God for our freedom, in order 
to secure and perpetuate its blessings, do establish 
this constitution. 


STATE OF CALIFORNIA.—The names “The State 
of California” and ‘“‘The People of the State of Cali- 
fornia” describe the same party, and a statute which 
requires a bond to be given in one name is satisfied 
by a bond given in the other. (People v. Love, 19 
Cal. 676.) ; 

FORM OF GOVERNMENT.—Our system is not 
a pure democracy, but a representative. republican 
government. (Hobart v. Supervisors, 17 Cal. 23.) 


Constitution—]1 (1) 


Avte 1, $1 CONSTITUTION OF 1879. 2 


ARTICLE I. 
DECLARATION OF RIGHTS. 


Inalienable rights. 

Political power. 

Relation to the American Union. 

Religious freedom. 

Habeas corpus. 

Right to bail—Rights of witnesses. 

Trial by jury. 

Offenses, how prosecuted. 

Liberty of speech and freedom of the press— 
Trials for libel. 

Popular assemblies. 

Uniformity of laws. 

Military power. 

Personal and property rights. 

Eminent domain. 

Imprisonment in civil cases. 


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6. Laws prohibited—Bills of attainder, ex post 
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17. Rights of foreign residents. 
18. Slavery prohibited. 


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Searches and seizures, restriction on. 
Treason defined. 

Privileges and immunities of citizens. 
Provisions of constitution construed. 
Rights retained by the people. 
Property qualification not required. 


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Section 1. All men are by nature free and in- 
dependent, and have certain inalienable rights, 
among which are those of enjoying and defending 
life and liberty ; acquiring, possessing, and protect- 
ing property; and pursuing and obtaining safety 
and happiness. 


3 CONSTITUTION OF 1879. art: 2; LS 


 PROPERTY.—The right of acquiring, possessing, 
and protecting property is one of the primary objects 
of government, is guaranteed by the constitution, 
and cannot be impaired by the legislature. (Billings 
Neuieu; ¢-Cal..1:) .- 

The right of protecting property is not the mere 
right to protect it by individual force, but the right 
to protect it by the law of the land, and the force 
of the body politic. (Billings v. Hall, 7 Cal. 1.) 

The right to acquire property is the right to use 
the proper means to attain the end; and the use of 
such means cannot be prohibited by the legislature, 
unless the peace and safety of the state require it. 
(Ex parte Newman, 9 Cal. 502.) 

An act requiring a party to pay for improvements 
put upon his land by a trespasser, against his will, 
is void. (Billings v. Hall, 7 Cal. 1.) 

So an act altering or destroying the nature or 
tenure of estates is void. (Dewey v. Lambier, 7 Cal. 
347.) : 

The provision of section 1203 of the Code of Civil 
Procedure that a failure to comply with the section 
by filing a good and sufficient bond with the building 
contract in an amount equal to at least twenty-five 
per cent. of the contract price shall render ‘the 
owner and contractor jointly and severally liable in 
damages to any and all materialmen, and subcon- 
tractors entitled to liens upon property affected by 
said contract,’ is an unreasonable restraint upon 
the owner of the property in the use thereof, and 
is an unreasonable restriction upon the power to 
make contracts, and is, therefore, unconstitutional. 
(Gibbs v. Tally, 22 Cal. Dee. 85.) 

An act authorizing the probate court to order a 
sale of the property of a decedent, when it is for the 
best interest of the estate, is valid. (Estate of Porter, 
129 Cal. 86, 61 Pac. 659.) 

‘But such an act cannot affect estates of decedents 
who died before the passage of the act. (Brenham 
v. Story, 39 Cal. 179; Estate of Packer, 125 Cal. 396, 
58 Pac. 59; Estate of Freud, 131 Cal. 667.) 

An ordinance requiring street-car transfers to be 
issued and delivered within the street-cars from 
which the transfer is made, and received only within 


Art. FE, $1 CONSTITUTION OF 1879. 4 


the car to which it is made, and forbidding any person 
to whom a transfer is issued to give away, transfer, 
or sell the same, is not in violation of this section. 
(Ex parte Lorenzen, 128 Cal. 481, 61 Pac. 68.) 

An act requiring litigants to take the oath of alle- 
giance is not in violation of this section. (Cohen 
v. Wright, 22 Cal. 293.) 

A statute exempting a municipal corporation from 
liability for damages for injuries sustained by any 
person on its graded streets, but making the officers 
of the city liable therefor, is valid. (Parsons vy. San 
Francisco, 23 Cal. 462.) 

Business.—The legislature cannot forbid the lawful 
pursuit of a lawful occupation on one day of the 
week any more than it can forbid it altogether. (Hx 
parte Newman, 9 Cal. 502. But see Ex parte An- 
drews, 18 Cal. 678.) 

But this provision does not prevent the legislature 
from prohibiting the conducting of offensive trades 
within the limits of a city. (Hx parte Shrader, 33 
Cal. 279.) 

So an ordinance making it unlawful for any per 
son to covduct a laundry within certain limits with- 
out a certificate from the health officer as to its sani- 
tary condition, and a certificate from the fire ward- 
ens as to the condition of the heating appliances, and 
forbidding the operation of any laundry between 10 
P. M. and 6 A. M., or on Sunday, is valid. (Hx parte 
Moynier, 65 Cal. 33, 2 Pac. 728.) 

An ordinance making it unlawful to play any in- 
strument, etc., in any saloon, ete., after midnight, 
and for any female to be in any saloon, ete., after 
midnight, does not violate this provision. (Hx parte 
Smith & Keating, 38 Cal. 702.) 

Sunday laws.—In Ex parte Newman, 9 Cal. 502, it 
was held that an act making it unlawful to trans- 
act any business upon the Sabbath, except certain 
designated ones, was in violation of this provision, 
on the ground that the legislature can no more for- 
bid the lawful pursuit of a lawful occupation on one 
day of the week than it can forbid it altogether. 
This decision was overruled in Ex parte Andrews, 
18 Cal. 678, and Ex parte Bird, 19 Cal. 130. 


5 CONSTITUTION OF 1879. Art. I, §§2,3 


An act making it a misdemeanor to keep open a 
barber-shop on Sundays or other holidays is in vio- 
lation of this section. (Hx parte Jentzsch, 112 Cal. 
468, 44 Pac. 808.) 


Sec. 2. All political power is inherent in the 
people. Government is instituted for the pro- 
tection, security, and benefit of the people, and 
they have the right to alter or reform the same 
whenever the public good may require it. 


THE PEOPLE.—The people are such as are born 
upon the soil, and such foreigners as may elect to 
assume the obligations of citizens by naturalization. 
Those who are not of the people have no share in 
political power; and, therefore, an alien is not eligi- 
ble to an office in this state. (Walther v. Rabolt, 30 
Cal. 185.) 


Sec. 3. The state of California is an inseparable 
part of the American Union, and the constitution 
of the United States is the supreme law of the 
land. 


AMERICAN UNION.—The United States constitu- 
tion is the supreme law of the land. (U.S. Const., 
art. 6, sec. 2; Prigg v. Commonwealth, 16 Pet. 
628; New Jersey v. Wilson, 7 Cranch, 164; Terrett 
v. Taylor, 9 Cranch, 48: Von Hoffman v. Quincy. + 
Wall. 535; Taylor v. Taintor, 16 Wall. 366; Ex parte 
Romaine, 23 Cal. 585.) 

The object of the United States constitution was 
to establish a government which, to the extent of 
its powers, should be supreme within its sphere of 
action. (Dobbins v. Commrs. of Erie Co., 16 Pet. 
435; Ableman v. Booth, 21 How. 520; Cohens v. Vir- 
ginia, 6 Wheat. 264; United States v. Rhodes, 1 Abb. 
U. S. 44; McCulloch v. Maryland, 4 Wheat. 316.) 

The constitution of the United States is a part 
of the organic law of each state. (Taylor v. Taintor, 
16 Wall, 366; Ex parte Romaine, 23 Cal. 585.) 


Art. I, §4 CONSTITUTION OF 1879. 6 


Sec. 4. The free exercise and enjoyment of 
religious profession and worship, without discrim- 
ination or preference, shall be forever guaranteed 
in this state; and no person shall be rendered in- 
competent to be a witness or juror on account of 
his opinions on matters of religious belief; but 
the liberty of conscience hereby secured shall not 
be so construed as to excuse acts of licentiousness, 
or justify practices inconsistent with the peace 
or safety of this state. 


SUNDAY LAWS.—In Ex parte Newman, 9 Cal. 
502, it was held that an act making it unlawful to 
transact any business upon the Sabbath, except cer- 
tain designated ones, was in violation of this provi- 
sion. In reaching this conclusion, the following prin- 
ciples were laid down: 

Our constitutional theory regards all religions, as 
such, as equally entitled to protection and equally 
unentitied to preference. Where there is no ground 
or necessity upon which a principle can rest but a 
religious one, then the constitution steps in and says 
that it shall not be enforced by authority of law. 

When the citizen is compelled by the legislature 
to do any affirmative act, or to refrain from doing 
anything, merely because it violates a religious prin- 
ciple or observance, the act is unconstitutional. 

This provision does not mean to guarantee merely 
toleration, but religious liberty in its largest sense, 
and a perfect equality, without distinction, between 
religious sects. An enforced observance of a day 
held sacred by one of these sects is a discrimination 
in favor of that sect, and a violation of the religious 
freedom of the others. 

This decision, however, has been overruled by later 
cases: Ex parte Andrews, 18 Cal. 678; Hx parte 
Bird, 19 Cal. 130; Hx parte Burke, 59 Cal. 6. 

WITNESSES.—This section means that a witness 
is competent without respect to his religious senti- 
ments or convictions—the law leaving his compe- 


7 CONSTITUTION OF 1879. Art. I, §§5,6 - 


tency to legal sanctions, or, at least, to considera- 
tions independent of religious sentiments and convic- 
tions. (Fuller v. Fuller, 17 Cal. 605.) 


~ 


Sec. 5. The privilege of the writ of habeas 
corpus shall not be suspended unless when, in 
eases of rebellion or invasion, the public safety 
may require its suspension. 


HABEAS CORPUS.—This right is to be exercised 
in a reasonable manner. The writ should not issue 
to run out of the county, unless for good cause 
shown—as the absence, disability, or refusal to act 
of the local judge—or other reason showing that the 
object and reason of the law requires its issuance. 
Nor should it issue from the supreme court in any 
case, except under the same circumstances. (Hx 
parte Ellis, 11 Cal. 222.) 

As to what courts may issue writs of habeas cor- 
pus, see article 6, sections 4, 5; People v. Turner, 
1 Cal. 148; Ex parte Perkins, 2 Cal. 424; People v. 
Booker, 51 Cal. 817; Tyler v. Houghton, 25 Cal. 26. 


Sec. 6. All persons shall be bailable by suffi- 
cient sureties, unless for capital offenses when the 
proof is evident or the presumption great. Ex- 
cessive bail shall not be required, nor excessive 
fines imposed; nor shall cruel or unusual punish- 
ments be inflicted. Witnesses shall not be unrea- 
sonably detained, nor confined in any room where 
criminals are actually imprisoned. 


BAIL.—Admission to bail in capital cases, where 
the proof is evident or the presumption great, may 
be made, under our constitution, matter of discre- 
tion, and may be forbidden by the legislature. In 
all other cases the admission to bail is a right of the 
accused, which no judge or court can properly re 
fuse. (People v. Tinder, 19 Cal. 539.) 


Art. 1, 87 CONSTITUTION OF 1879. S 


An act making admission to bail matter of discre- 
tion in all cases where the punishment is death, un- 
less the proof is evident or the presumption great, 
is in conflict with this section. (People v. Tinder, 19 
Cal. 539.) 

This section does not prevent the court from order- 
ing the defendant into custody as soon as the trial 
is commenced. (People v. Williams, 59 Cal. 674.) 

This provision applies only to cases in which the 
party has not been already convicted. (Ex parte 
Voll, 41 Cal. 29.) 

A person arrested for felony must, in order to pro- 
cure bail, be taken before the magistrate who issued 
the warrant, or some other magistrate in the same 
county. (Hx parte Hung Sin, 54 Cal. 102.) 

WITNESSES.—A person detained as a witness 
ninety days, and after several continuances not Sat- 
isfactorily accounted for, is entitled to his discharge 
under this section. (Ex parte Dressler, 67 Cal. 257, 
7 Pac. 645.) 

PUNISHMENT.—“‘Cruel and unusual punisbmen's”’ 
are punishments of a barbarous character and un- 
known to the common Jaw. (State v. McCauley, 15 
Cal. 429.) 

A statute authorizing the leasing out of convicts 
is not in violation of this provision. (State v. Mc- 
Cauley, 15 Cal. 429.) 

A law making an offense punishable “by imprison- 
ment in the state prison not exceeding five years, 
or in the county jail not exceeding six months, or 
both,” is valid. (People v. Perini, 94 Cal. 5738, 29 
Pac. 1027.) 


Sec. 7. The right of trial by jury shall be se- 
cured to all, and remain inviolate; but in civil 
actions three-fourths of the jury may render a ver- 
dict. A trial by jury may be waived in all crim- 
inal cases, not amounting to felony, by the con- 
sent of both parties, expressed in open court, and 
in civil actions by the consent of the parties, signi- 


9 CONSTITUTION OF 1879. Art. I, &7 


fied in such manner as may be prescribed by law. 
In civil actions, and cases of misdemeanor, the 
jury may consist of twelve, or of any number 
less than twelve upon which the parties may agree 
in open court. 


TRIAL BY JURY.—This section only gives a right 
to a trial by jury in cases where the right existed 
at common law. (Cassidy v. Sullivan, 64 Cal. 266, 
28 Pac. 234; Koppikus v. State Capitol Commrs., 16 
Cal. 248; Woods v. Varnum, 85 Cal. 639, 24 Pac. 843.) 

It cannot be demanded as of right in an equity 
ease, but only in criminal and civil cases in which 
an issue of fact is joined. (Koppikus v. State Capi- 
tol Commrs., 16 Cal. 248.) 

The right does not exist in actions for divorce 
(Cassidy v. Sullivan, 64 Cal. 266, 28 Pac. 234); con- 
demnation proceedings (Koppikus v. State Capitol 
Commrs., 16 Cal. 248); proceedings for the removal 
of publie officers (Woods v. Varnum, 85 Cal. 639, 24 
Pac. 843): or in cases of equity jurisdiction. (Pacific 
Ry. Co. v. Wade, 91 Cal. 449, 27 Pac. 768.) 

As to the right to a jury trial in an action to 
quiet title, where the defendant is in possession, see 
Hyde v. Redding, 74 Cal. 4938, 16 Pac. 380; Angus 
v. Craven, 132 Gal. 691, 64 Pac. 1091, and cases there 
cited. 

An act providing for the removal of officers for 
extortion, and providing generally that the practice 
governing other civil actions shall apply thereto, does 
not deprive the defendant of a jury trial. (Ryan vy. 
Johnson, 5 Cal. 86.) 


Petty offenses.—This provision does not prohibit the 
legislature from providing for summary proceedings 
without a jury in cases of such petty offenses as 
were enumerated in the English statutes at the time 
of the separation of the American colonies from Eng- 
land, or in cases where the offenses are intrinsically 
of the same nature and degree. (Ex parte Wong 
You Ting, 106 Cal. 296, 39 Pac. 627; In re Fife, 110 
Cal. 8, 42, Pac. 299.) 

But where the offense falls within the legal or 


Ariel § 8 CONSTITUTION OF 1879. 10 


common-law notion of crime or misdemeanor, and 
is embraced in the criminal code of the state, the 
constitutional right of trial by jury cannot be 
evaded. (Taylor v. Reynolds, 92 Cal. 573, 28 Pac. 
688; Ex parte Wong You Ting, 106 Cal. 296, 39 Pac. 
O2T.) 

Vicinage.—By the common law, the trial of all 
crimes is required to be by a jury selected from the 
vicinage or county where the crime is alleged to have 
been committed; and the same right is secured by this 
section. Therefore, section 1033 of the Penal Code, 
allowing a criminal action to be removed to another 
county witliout the consent of the defendant, is uncon- 
stitutional. (People v. Powell, 87 Cal. 348, 25 Pac. 481.) 


Jurors.—A law taking away the challenge to a 
juror for implied bias, on the ground that the juror 
has formed or expressed an unqualified opinion as 
to the guilt of the accused, is constitutional. (People 
v. Ah Lee Doon, 97 Cal. 171, 31 Pac. 933.) 

The court may, in its discretion, permit a separa- 
tion of the jurors during the impaneling of the jury 
and the subsequent progress of the trial. (People 
v. Chaves, 122 Cal. 184, 54 Pac. 596.) 


Waiver of jury trial.—The legislature alone, and 
not the court, can determine what shall constitute 
a waiver of a jury trial. (Exline v. Smith, 5 Cal. 112.) 

The right to a jury trial is not waived by going 
to trial after it has been denied, and the denial of 
it may be reviewed upon an appeal from the judg- 
ment. (In re Robinson, 106 Cal. 493, 39 Pac. 862.) 

A plea of guilty is a waiver of a jury trial. (People 
v. Lennox, 67 Cal. 113, T Pac. 260.) Also a failure to 
demand it in a civil case before the trial begins. 
(Polack v. Gurnee, 66 Cal. 266, 5 Pac. 229, 610.) 

Refusal of, how reviewed.—The denial of a jury 
trial may be reviewed upon an appeal from the judg- 
ment (In re Robinson, 106 Cal. 498, 39 Pac. 862), but 
cannot be reached by a writ of habeas corpus. (Hx 
parte Miller, 82 Cal. 454, 22 Pac. 1118.) 


Sec. 8. Offenses heretofore required to be prose- 
cuted by indictment shall be prosecuted by in- 


11 CONSTITUTION OF 1879. Art. I, §9 


formation, after examination and commitment by 
a magistrate, or by indictment, with or without 
such examination and commitment, as may be 
prescribed by law. A grand jury shall be drawn 
and summoned at least once a year in each county. 


INDICTMENT AND INFORMATION.—A crime 
committed before the adoption of the new consti- 
tution may, after such adoption, be prosecuted by 
information. (People v. Campbell, 59 Cal. 248.) 

As to the distinction between an indictment and 
a presentment, see In re Grosbois, 109 Cal. 445, 42 
Pac. 444. 

Under this provision a presentment by the grand 
jury for a misdemeanor is unauthorized. (In re Gros- 
bois, 109 Cal. 445, 42 Pac. 444.) 

This section does not prohibit a prosecution by in- 
dictment of any criminal offense, including a mis- 
demeanor. (Hx parte McCarthy, 53 Cal. 412.) 

A defendant cannot be put upon trial under an 
information until after examination and commit- 
ment by a magistrate. (Ex parte Nicholas, 91 Cal. 
640, 28 Pac. 47.) 

The constitution has left the form of the indict- 
ment to the legislature. (People v. Kelly, 6 Cal. 210.) 

The provision of this section for proceeding in ; 
eriminal cases by information is not in conflict with 
the constitution of the United States, as not being 
“due process of law.” (Kalloch v. Superior Court, 
56 Cal: 229.) 


Sec. 9. very citizen may freely speak, write, _ 
and publish his sentiments on all subjects, being 
responsible for the abuse of that right; and no 
law shall be passed to restrain or abridge the lb- 
erty of speech or of the press. In all criminal 
prosecutions for libels, the truth may be given 
in evidence to the jury; and if it shall appear 
to the jury that the matter charged as libelous 


Art. I, $10 CONSTITUTION OF 1879. . 42 


is true, and was published with good motives and 
for justifiable ends, the party shall be acquitted ; 
and the jury shall have the right to determine 
the law and the fact. Indictments found, or 
information laid, for publication in newspapers 
shall be tried in the county where such newspapers 
have their publication office, or in the county 
where the party alleged to be libeled resided at 
the time of the alleged publication, unless the 
place of trial shall be changed for good cause. 


LIBERTY OF THE PRESS.—This provision does 
not make all publications in a newspaper privileged. 
(Gilman v. McClatchy, 111 Cal. 606, 44 Pac. 241.) 

The liberty of the press is not more under the 
protection of the constitution than the liberty of 
speech, and the publishers of a newspaper can de- 
fend an action for libel only upon precisely the same 
grounds upon which any other individual could de- 
fend an action for slander. (Edwards vy. Publishing 
Soc., 99 Cal. 431, 84 Pac. 128.) 

A court has power to punish as a contempt a pub- 
lication charging a judge with “deliberate lying 
about the law.” ete, in a case before him. (Ex 
parte Barry, 85 Cal. 608, 25 Pac. 256.) 

Under this section a court has no power to forbid 
the representation upon the theatrical stage of the 
facts of a criminal case, pending the trial of such 
case. (Dailey v. Superior Court, 112 Cal. 94, 44 Pac. 
458.) 

The last sentence of this section applies to the case 
of a person who causes a libel to be published in a 
newspaper, as well as to a publication by the pub- 
lishers and proprietors alone. (In re Kowalsky, 73 
Cal. 120, 14 Pac. 399.) 


Sec. 10. The people shall have the right to 
freely assemble together to consult for the com- 


138 ‘CONSTITUTION OF 1879. Art, -, 471 


mon good, to instruct their representatives, and 
to petition the legislature for redress of grievances. 


RIGHT TO FREELY ASSEMBLE.—This section 
does not prevent the legislature from forbidding un- 
lawful assemblies. As to what are such assemblies, 
see People v. Most, 128 N. Y. 108, 27 N. E. 970; Rex v. 
Birt, 5 Car. & P. 154; Regina v. Neale, 9 Car. & P. 
431; Beatty v. Gillbanks, 9 Q. B. Div. 308. . 


Sec. 11. All laws of a general nature shall 
have a uniform operation. 


UNIFORMITY OF LAWS.—This provision does 
not affect laws in force at the adoption of the 
constitution; and, therefore, while section 204 of the 
Code of Civil Procedure, relating to the impaneling 
of grand jurors, might have been void under this 
provision, a mere amendment to that section, mak- 
ing it applicable to the present judicial system, does 
not make it unconstitutional. (People v. Durrant, 
116 Cal. 179, 48 Pac. 75.) 


General principles.—The word ‘‘uniform” does not 
mean “universal.” (People v. Twelfth District Court, 
17 Cal. 547; Hellman v. Shoulters, 114 Cal. 136, 44 
Pac. 915, 45 Pac. 1057.) 

All that is necessary to constitute uniformity is 
that the law shall operate uniformly upon all per- 
sons in the same eategory, and upon rights and 
things in the same relation. (People v. Henshaw, 76 
Cal. 4386, 18 Pac. 413; People v. Twelfth District 
Court, 17 Cal. 547; Ex parte Halsted, 89 Cal. 471, 
26 Pac. 961; Wigmore v. Buell, 122 Cal. 144, 54 Pac. 
600.) 

A statute is uniform in its operation if it applies 
alike to all persons or objects within a class founded 
upon some natural, intrinsic, or constitutional dis- 
tinction. (Vail v. San Diego Co., 126 Cal. 35, 58 
Pac. 392; Solano Co. v. McCudden, 120 Cal. 648, 53 
Pac. 213; Cody v. Murphey, 89 Cal. 522, 26 Pac. 
1081; Kahn v. Sutro, 114 Cal. 316, 46 Pae. 87: Murphy 
v. Pacific Bank, 119 Cal. 8384, 51 Pac. 317.) 

The meaning of this provision is that the legtsia 

Constitutiop— 2 


Arto] Sai CONSTITUTION OF 1879. 14 


ture shall not grant to any citizen or class of citi- 
zens privileges or in‘munities which upon the same 
term shall not equally belong to all citizens. (Hx 
parte Smith & Keating, 38 Cal. 702; Miller v. Kister, 
68 Cal. 142, 8 Pac. 813; People v. Henshaw, 76 Cal. 
436, 18 Pac. 413; Brooks v. Hyde, 37 Cal. 366.) 

Special laws.—It is only laws of a general nature 
that are required to have a uniform operation, and 
this section does not forbid special laws. (People 
v. Central Pac. R. R. Co., 43 Cal. 398; Brooks v.- 
Hyde, 37 Cal. 366; Addison v. Saulnier, 19 Cal. 82; 
People v. Twelfth District Court, 17 Cal. 547.) 

Particular acts held not to be uniform.—In con- 
formity with these principles, the following statutes 
have been held void as not uniform in their opera- 
ion: 

A provision of the County Government Act that, in 
vounties of a certain designated population, county 
licenses collected in cities shall be paid into the 
treasuries of such cities for street improvements 
(San Luis Obispo Co. v. Graves, 84 Cal. 71, 23 Pac. 
1032); an act authorizing a named street railway 
company to operate a street railway on designated 
streets (Omnibus R. R. Co. v. Baldwin, 57 Cal. 160); 
a provision of the Insolvency Act, giving a right 
of appeal in cases of contempt—a right not given 
in other cases of contempt (Ex parte Clancy, 90 Cal. 
553, 27 Pac. 411); a law requiring cities of two desig- 
nated classes to make an effort to agree with the 
owners of land sought to be condemned, before in- 
stituting condemnation proceedings (Pasadena _ y. 
Stimson, 91 Cal. 238, 27 Pac. 604); a provision of 
the County Government Act of 1883, that the boards 
of supervisors of counties of certain designated 
classes may allow county officers a deputy whenever 
in the opinion of such board the salaries of such of- 
ficers are insufficient (Dougherty v. Austin, 94 Cal. 
601, 28 Pac. 834, 29 Pac. 1092); the provision of 
the Australian ballot law for the voting of straight 
tickets by stamping the ticket opposite the name of 
the political party to be printed at the head of the 
ticket (Eaton v. Brown, 96 Cal. 371, 31 Pac. 250); 
an act providing that in cities having boards of edu- 
cation, the city treasurers are to have the custody 


15 CONSTITUTION OF 1879. Art. I, $11 


of the state and county school money appropriated 
to the city (Bruch vy. Colombet, 104 Cal. 347, 38 Pae. 
45); a provision in the County Government Act that, 
in counties of one particular class only, witnesses 
in criminal cases shall be paid the same fees as 
jurors, in the discretion of the judge (Turner v. Sis- 
kiyou Co., 109 Cal. 332, 42 Pac. 484); a provision 
of the County Government Act that, in all counties 
of one particular class, certain additional fees shall 
be collected for filing the inventory in estates of 
deceased persons (Bloss v. Lewis, 109 Cal. 493, 41 
Pac. 1081); the Primary Election Law of 1895, be- 
ing confined in its operation to counties of the first 
and second class (Marsh vy. Supervisors, 111 Cal. 368, 
43 Pac. 975); a law giving the district attorney super- 
visory control over fees of justices of the peace 
and constables in criminal cases (Dwyer v. Parker, 
115 Cal. 544, 47 Pac. 372); an act fixing different 
rates of liability upon stockholders in different cor- 
porations (French v. Teschemaker, 24 Cal. 518); the 
provision of the County Government Act that no 
supplies, ete., shall be purchased for the county 
from any person who has not had a business in 
the county for a year prior to the purchase (Van 
Harlingen v. Doyle, 22 Cal. Dee. 356). 

Particular acts held valid.—On the other hand, 
the following acts have been held not to be obnox- 
ious to the provision of this section, and valid: 

An act whose object it is to legalize the assess- 
ment of taxes in San Francisco, since it is not a 
general, but a special, law (San Francisco v. Spring 
Valley W. W., 54 Cal. 571); an act establishing dif- 
ferent fee bilis for separate counties, not being of 
a general nature (Ryan v. Johnson, 5 Cal. 86); an 
act to remedy the failure of the tax collector to 
publish the names of the owners, ete., it being not a 
general, but a special, law (Moore v. Patch, 12 Cal. 
265); the provision of the County Government Act 
of 1893, empowering certain of the county officers 
in counties of one class to appoint a certain num- 
ber of deputies, whose salaries are fixed by the act 
and made payable out of the county treasury, al- 
though in other counties the principal must pay the 
salaries of his deputies (Tulare Co. v. May, 118 Cal. 


Artcl.s § dl CONSTITUTION OF 1879. 16 


303, 50 Pac. 427, overruling. Welsh v. Bramlet, 98 
Cal. 219, 338 Pac. 66, and Walser v. Austin, 104 Cal. 
128. 37 Pace. 869); an act subjecting trespassing ani- 
mals to attachment without the aflidavit required 
in other cases of attachment (Wigmore vy. Buell, 122 
Cal. 144, 54 Pac. 600); a law providing that assessors 
in counties of one particular class shall pay all per- 
centage for the collection of poll taxes imto the 
county treasury (Summerland y. Bicknel), 111 Cal. 
567, 44 Pac.-232); an act providing for police courts 
in all cities of a designated population, and proyid-: 
ing that it shall go into effect upon the expiration 
of the term of office of the present police judges of 
such cities (People v. Henshaw, 76 Cal. 436, 18 Pae. 
413); an act providing for the commitment of minor 
criminals to nonsectarian charitable corporations at 
the expense of the county (Boys’ and Girls’ Aid So- 
ciety v. Reis, 71 Cal. 627, 12 Pac. 796); an ordinance 
prohibiting public laundries in designated parts of 
a city (In re Hang Iie, 69 Cal. 149, 10 Pac. 327); 
an ordinance making it unlawful for any person to 
conduct a laundry within certain limits without a 
certificate from the fire wardens as to the condition 
of the heating appliances, and forbidding the opera- 
tion of any laundry between 10 P. M. and 6 A. M., or 
on Sunday (Ex parte Moynier, 65 Cal. 33, 2 Pac. 728); 
an act making it unlawful to keep open any place 
of business on Sunday, except barber-shops. bath- 
houses and hairdressing saloons (Ex parte Burke, 
59 Cal. 6); the Revenue Act of 1853, since the leg- 
islature may discriminate in the imposition of taxes 
on certain classes of persons, occupations or species 
of property, taxing some and exempting others 
(People v. Coleman, 4 Cal. 46); an act prohibiting 
all persons, except innkeepers and the like, from 
keeping open their places of business on Sundays 
for the transaction of business (Hx parte Andrews, 
18 Cal. 678); a statute establishing a limitation upon 
actions for the recovery of lands in San Francisco 
under the Van Ness Ordinance (Brooks v. Hyde, 
37 Cal. 366); an ordinance making it unlawful to 
play upon any musical instrument in any saloon, 
ete.. after midnight, and for any female to be in 
any saloon, etc., after midnight (Ex parte Smith & 


ayy CONSTITUTION OF 1879. Art. 1, §§ 12,138 


Keating, 88 Cal. 702); an act giving to laborers work- 
ing upon mines only a lien for their wages (Quale 
vy. Moon. 4 Cal. 478); a state revenue law making dif- 
ferent provisions in the different counties with regard 
to the enforcement of the payment of delinquent 
taxes (People v. Central Pac. R. R. Co., 43 Cal. 398). 
Sec. 12. The military shall be subordinate to 
the civil power. No standing army shall be kept 
up by this state in time of peace, and no soldier 
shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of 


war, except in the manner prescribed by law. 


Sec. 13. In criminal prosecutions, in any court 
whatever, the party accused shall have the right 
to a speedy and public trial; to have the process 
of the court to compel the attendance of wit- 
nesses in his behalf, and to appear and defend, in 
person and with counsel. No person shall be 
twice put in jeopardy for the same offense ; nor be 
ecmpelled, in any criminal case, to be a witness 
against himself; nor be deprived of life, liberty, 
or property without due process of law. ‘The legis- 
lature shall have power to provide for the taking, 
in the presence of the party accused and. his 
counsel, of depositions of Witnesses in criminal 
cases, other than cases of homicide, when there is 
reason to believe that the witness, from inability 
or other cause, will not attend at the trial. 

SPEEDY TRIAL.—Section 1382 of the Penal Code 


is mandatory, and the court has no discretion to 
deny the defendant a speedy trial as provided by 


Art. I, §13 CONSTITUTION OF 1879. 18 


that section. (People.v. Morino, 85 Cal. 515, 24 Pac. 
892.) 

PUBLIC TRIAL.—The word ‘public’ is used in 
this section in opposition to the word “secret.” 
(People v. Swafford, 65 Cal. 2238, 3 Pac. 809.) 

The trial should be public in the ordinary, com- 
mon-sense acceptation of the term, the doors should 
be open, the public admitted with due regard to the 
size of the courtroom, the conveniences of the court, 
the right to exclude objectionable characters and 
vouths of tender years, and to do other things which 
may facilitate the proper conduct of the trial. (Peo- 
ple v. Hartman, 103 Cal. 242, 37 Pac. 153.) 

An order excluding from the courtroom all per- 
sons except the officers of the court and the defend- 
ant is in violation of this provision and is presumed 
to be prejudicial. (People v. Hartman, 103 Cal. 242, 
37 Pac. 153. But see People v. Swafford, 65 Cal. 
223, 3 Pac. 809.) 

Where a defendant during a trial becomes excited 
and indulges in profane and abusive language, thus 
creating commotion among the spectators and in- 
terrupting the trial, an order excluding from the 
courtroom everyone except the officers of the court, 
reporters of the press, friends of the defendant, and 
persons necessary for him to have on his trial, is 
proper. (People v. Kerrigan, 73 Cal. 222, 14 Pac. 
849.) 

The defendant may waive the right to a public 
trial. (People v. Tarbox, 115 Cal. 57, 46 Pac. 896.) 

The defendant ‘may waive his right to be con- 
fronted with the witnesses. (People vy. Bird, 132 Cal. 
261.) 

WITNESSES.— The legislature has power to limit 
the compulsory attendance of prisoners confined in 
the state prison to cases of necessity, the existence 
of which is to be determined by the court. (Willard 
v. Superior Court, 82 Cal. 456, 22 Pac. 1120.) 

RIGHT TO APPEAR AND DEFEND.—tThis provi- 
sion only gives the defendant the right to appear 
and defend in person and with counsel, and does 
not give him the right to appear by counsel when 
he is himself absent. Therefore, when a defendant 


19 CONSTITUTION OF 1879. Art. I, §-13 


in a criminal case escapes after conviction, and pend- 
ing an appeal. the appeal will not be heard in his 
absence, but will be dismissed. (People v. Redinger, 
05 Cal. 290.) 

To require a prisoner during the progress of his 
trial to appear and remain with chains upon his limbs, 
without evident necessity as a means of securing 
his presence for judgment, is in violation of this sec- 
tion. (People v. Harrington, 42 Cal. 165.) 

A view of the premises without the presence of 
the defendant is in violation of this section. (People 
vous, oS Cal. 623, 10 Pac. 169.) 

JEOPARDY.—When a person is placed on trial 
upon a valid indictment, before a competent court 
and jury, he is in jeopardy. REP pie v. Cage, 48 Cal. 
3238; Ex parte Hartmar, 44 Cal. 32; People v. Webb, 
388 Cal. 467; Ex parte Fenton, 77 Cal. 183, 19 Pac. 
267; People v. Smalling, 94 Cal. 112, 29 Pac. 421.) 

After he has thus been put in jeopardy, he cannot 
be again tried for the same offense unless the jury 
is discharged from rendering a verdict by a legal 
necessity, or by his consent; or, in case a verdict is 
rendered, it be set aside at his instance. (People v 
Webb, 38 Cal. 467; People v. Smalling, 94 Cal. 112, 29 
Pace. 421.) 

This is true although the judgment is arrested by 
the court (Hx parte Hartman, 44 Cal. 382); or an 
acquittal is obtained by reason of an erroneous in- 
struction (People v. Webb, 38 Cal. 467; People v. 
Roberts, 114 Cal. 67, 45 Pac. 1016; Peopie v. Horn, 
70 Cal. 17, 11 Pac. 470); or the action is dismissed by 
the court on the ground that he is, in the opinion 
of the court, guilty of a more serious offense (People 
v. Ny Sam Chung, 94 Cal. 304, 29 Pac. 642). 

When a defendant is acquitted because of a vari- 
ance between the proof and the indictment, and the 
variance is such that a conviction is legally impus- 
sible, he has not been in jeopardy. (People v. Mc- 
Nealy, 17 Cal. 332; People v. Oreileus, 79 Cal. 178, 
21 Pac. 724.) 

A judgment rendered upon a plea of which the 
court has no jurisdiction does not place the defend- 
ant in jeopardy so far (as that plea is concerned. 


Arti. ky -$ 138, CONSTITUTION OF 1879. 20 


(People v. Woods, 84 Cal. 441, 23 Pac. 1119; People 
v. Hamberg, 84 Cal. 468, 24 Pace. 298.) 

Subdivision 6 of sectign 1238 of the Penal Code, 
allowing the people to appeal from an order of the 
court directing the jury to find for the defendant, is 
void, since the defendant has been in jeopardy. 
(People v. Horn, 70 Cal. 17, 11 Pac. 470.) 

The fact that the defendant has been held to an- 
swer by a justice of the peace and discharged does 
not prevent him from again being held to answer. 
(Hx parte Cahill, 52 Cal. 463.) 

If a demurrer is sustained to an information, with- 
out leave to amend, it is a bar to another prosecu- 
tion. (People v. Jordan, 63 Cal. 219.) 

Where an information is dismissed because it 
charges the commission of an offense subsequent to 
the date of its filing, a plea of once in jeopardy will 
not prevail. (People v. Larson, 68 Cal. 18, 8 Pac. 
517.) 

A discharge upon preliminary examination does 
not place the defendant in jeopardy. (Hx parte Fen- 
ton, 77. Cally 18a,- 10) Pac. 7267.) 

Discharge of jury.—lIf the jury is discharged with- 
out the consent of the defendant, except in-case of 
unavoidable accident or necessity, the defendant can- 
not be again prosecuted. (People v. Cage, 48 Cal. 
Soo) 

Inability of the jury to agree after a reasonable 
time for deliberation is an unavoidable necessity. 
(People v. Cage, 48 Cal. 323; People v. Smalling, 94 
Cal. 112, 29 Pac. 421; People v. James, 97 Cal. 400, 
32 Pae; Sli.) 

The fact of such necessity cannot be impeached 
by extrinsic evidence, and such discharge may be 
made in the absence of the defendant, if his presence 
is waived by his counsel. (People v. Smalling, 94 
Cal. 112,29 Pac. 421.) 

Even if the court instructed the jury to acquit, 
a plea of once in jeopardy will not prevail if the 
jury is discharged for failure to agree. (People v. 
James, 97 Cal. 400, 32 Pac. 317.) 

The court cannot discharge the jury merely upon 
a report of the sheriff that the jury cannot agree. 
(Veople v. Cage, 48 Cal. 323.) 


21 CONSTITUTION OF 1879. Arts ly $18 


Where the jury is discharged for failure to agree, 
it is not necessary that the record should show that 
it satisfactorily appeared to the judge that there was 
no reasonable probability that the jury could agree. 
(People v. Greene, 100 Cal. 140, 34 Pac. 630.) 

Where the defendant flees during the trial and the 
jury, is discharged, a plea of once in jeopardy has no 
merit. (People v. Higgins, 59 Cal. 357.) 

Where the jury is discharged with the consent of 
the defendant, a plea of once in jeopardy will not 
prevail. (People v. Curtis, 76 Cal. 57, 17 Pac. 941.) 

The same is true if the jury is discharged on ac- 
count of the sickness of one of the jurors. (People 
v. Ross, 85 Cal. 383, 24 Pac. 789.) 

But if a defendant is indicted for manslaughter, 
the court cannot lawfully discharge the jury because 
it is of the opinion that he is guilty of murder. 
(People v. Hunckeler, 48 Cal. 331.) 

Nor can the jury be lawfully discharged because 
it has found a verdict convicting the defendant of 
a crime not included in the charge. (People v. Ar- 
nett, 129 Cal. 306, 61 Pae. 930.) 

Different offenses.—Where the legislature has for- 
bidden the sale of opium, unless a record of the sale 
is kept, and a city ordinance forbids the sale with- 
out a prescription of a physician, a prosecution un- 
der each of these provisions is no violation of this 
provision. (Ex parte Hong Shen, 98 Cal. G81, 33 Pac. 
799.) 

A prosecution for fraudulently procuring a note of 
one of the joint makers is not a bar to a prosecution 
for fraudulently procuring the joint note of the two 
makers. (People v. Cummings, 123 Cal. 269, 55 Pac. 
898.) 

An acquittal upon a charge of libel in the publi- 
cation of a charge in a newspaper is a bar to a 
prosecution for the publication of another charge in 
the same issue and against the same individual, al- 
though the charges are not the same. (People v. 
Stephens, 79 Cal. 428, 21 Pac. 856.) 

Lesser offense.—A conviction of a lesser offense 
than that charged is an acquittal of the higher. 
(People v. Apgar, 35 Cal. 389; People v. Ny Sam 


Arts Ie $2is CONSTITUTION OF 1879. 92 


Chung, 94 Cal. 304, 29 Pac. 642; People v. Gordon, 
99 Cal. 227, 33 Pac.° 901.) 

Where a defendant is charged with assault with 
a deadly weapon, and is convicted of battery, and 
the judgment is reversed, a plea of once in jeopardy 
will not lie, as assault does not include battery. 
(People v. Helbing, 61 Cal. 620.) 

A defendant tried for murder, and eonvicted of 
murder in the second degree, who has the judgment 
vacated and a new trial granted, may be subsequently 
convicted of murder in the first degree. (People v. 
Keefer, 65 Cal. 232, 3 Pac. 818.) ( 

A eonviction of an assault, under an information 
charging an assault with intent to murder, is a bar 
to a prosecution for mayhem committed during the 
assault. (People v. Defoor, 100 Cal. 150, 34 Pace. 642.) 

A verdict of manslaughter is the equivalent of a 
verdict of not guilty of murder, and the defendant, 
after such verdict, cannot be again tried upon the 
charge of murder. (People v. Muhiner, 115 Cal. 303, 
47 Pae. 128.) 

New trials and appeals.—Where a new trial is or- 
dered for insufficiency of the evidence, a plea of 
once in jeopardy has no merit. (People v. Hardisson, 
61 Cal. 378.) | 

Where a judgment of conviction is reversed be- 
cause of a defective information, and the action is 
dismissed and a new information filed for the same 
offense, the defendant cannot plead once in jeopardy. 
(People v. Schmidt, 64 Cal. 260, 80 Pac. 814; People v. 
Eppinger, 109 Cal. 294, 41 Pac. 1037; People v. Clark, 
67 Cal. 99, 7 Pac. 178; People v. Mooney, 132 Cal. 13.) 

The same is true where the judgment is reversed 
because the verdict fails to find the degree of the 
crime. (People v. Travers, 73 Cal. 580, 15 Pac. 293; 
People v. Lee Yune Chong, 94 Cal. 379, 29 Pac. 776.) 

Also where the judgment is reversed for failure to 
file the information within the time prescribed by 
the statute. (People v. Wickham, 116 Gal. 384, 48 
Pae. 329.) 

Also where the judgment is reversed for failure 
to find upon a plea of once in jeopardy. (People v. 
Tucker, 117 Cal. 229, 49 Pac. 134.) 

Where the defendant has not asked for a new trial, 


23 CONSTITUTION OF 1879. Art. I, §18 


the supreme court in reversing the judgment may 
nevertheless grant it. (People v. Travers, 77 Cal. 
176, 19 Pac. 268; People v. Lee Yune Chong, 94 Cal. 
319, 29 Pac. 76.) 


Practice.—The question of jeopardy can only arise 
after an issue has been made of once in jeopardy. 
(People v. Lee Yune Chong, 94 Cal. 379, 29 Pac. 776.) 

The defendant is entitled to a special verdict upon 
a plea of once in jeopardy. (People v. Tucker, 115 
Cal. 337, 47 Pac. 111.) 

Where the jury on the first trial found for the 
people on the plea of once in jeopardy, but failed to 
agree as to the plea of not guilty, the former plea 
need not be again submitted to the jury on a second 
trial. (People v. Smith, 121 Cal. 355, 53 Pac. 802.) 


WITNESS AGAINST SELF.—A proceeding to re- 
move a public officer for misconduct in office, no mat- 
ter in what form the statutes may clothe it, is in 
its nature a criminal case. (Thurston v. Clark, 107 
Cal. 285, 40 Pac. 435.) 

Sections 1458 to 1461 of the Code of Civil Proce- 
dure are not penal in their nature. (Levy v. Supe- 
rior Court, 105 Cal. 600, 38 Pac. 965.) 

Where the examination of the defendant is con- 
fined entirely to the instrument which he is charged 
with forging, he cannot be cross-examined in refer- 
ence to the forgery of another instrument. (People 
v. Baird, 104 Cal. 462, 38 Pac. 310.) 

Where a defendant testifies that he drew the pis- 
tol merely to scare the deceased and had had no 
quarrel with him on that day, it is proper on cross- 
examination to ask him whether or not he had a 
quarrel with the deceased a few moments before the 
shooting, and as to what kind of a pistol he had, 
and why he cocked it. (People v. Brown, 76 Cal. 
573, 18 Pac. 678.) 

Where a defendant in his cross-examination volun- 
tarily makes a statement concerning matters not em- 
braced in his examination in chief, he may be cross- 
examined for the purpose of making such statements 
more clear. (People v. Sutton, 73 Cal. 248, 15 Pac. 
86.) 

It is sufficient, to bring a person within the immu- 
nity of this provision, that there is a law creating 


Art, i, $138 CONSTITUTION OF 1879. 24 


the offense under which the witness may be prose- 
cuted, and which does not secure him against use, in 
a criminal prosecution, of the evidence that he may 
give; and in such case he cannot be compelled to an- 
swer in any collateral proceeding as to acts consti- 
tuting such offense. (Ex parte Clarke, 103 Cal. 352, 
37 Pac. 230.) 

Where the statute gives the witness complete im- 
munity from prosecution for the offense with refer- 
ence to which his testimony is given, he cannot re- 
fuse to answer. (Ex parte Cohen, 104 Cal. 524, 38 
Pac. 364.) 

A law can absolutely secure a party against use 
in a criminal prosecution of the evidence he may 
give, only by a provision that, if he submits to the 
examination and answers the questions, he shall be 
exempt from any criminal prosecution for: the of- 
fense to which the inquiry relates. (Hx parte Clarke, 
108 Cals 3352; 37, Paen23e5 

The mere fact that an answer might disgrace the 
witness is not ground for refusal to answer; and 
where an act provides that the testimony shall not 
be used against him in any criminal prosecution, he 
cannot refuse to answer under this provision. (Hx 
parte Rowe, 7 Cal. 184.) 

It is for the court and not for the witness to de- 
termine whether or not the answer will incriminate 
the witness. (In re Rogers, 129 Cal. 468, 62 Pac. 47.) 

A defendant in a criminal prosecution, who has 
become a witness in his own behalf, cannot be cross- 
examined as to any facts or matters not testified to 
by him on his examination in. chief. (People v. 
O’Brien, 66 Cal. 602, 6 Pac. 695.) 

DUE PROCESS OF LAW—Property.—The right to 
practice law is not “property” within the meaning 
of this section. (Cohen v. Wright, 22 Cal. 293.) 

The right to a salary attached to a public office 
is not property. (Pennie v. Reis, 80 Cal. 266, 22 Pac.) 
176; Clarke y. Reis, 87 Cal. 543, 25 Pac. 759.) 

Title by prescription is property which is protected 
by this provision. (Sharp v. Blankenship, 59 Cal. 
288.) ; 

What is “due process.”—‘‘Due process of law’ 
means such an exertion of the powers of the govern- 


25 CONSTITUTION OF 1879. Art, I, $13 


ment as the settled maxims of law permit and sanc- 
tion, and under such safeguards for the protection 
of individual rights as those maxims prescribe for 
.the class of cases to which the one in question be- 
longs. (Ex parte Ah Fook, 49 Cal. 402; Wulzen v. 
Supervisors, 101 Cal. 15, 35 Pac. 353.) 


The words “due process of law” were intended to. 


convey the same meaning as the words ‘“‘the law of 
the land’ in Magna Charta, and mean public laws 
binding all the members of the community under 
similar circumstances, and not partial or private laws 
affecting the rights of individuals. (Kalloch v. Su- 
perior Court, 56 Cal. 229.) 

Due process of law requires a trial governed by 
the established rules of evidence, and a procedure 
suitable and proper to the nature of the case, and 
sanctioned by the established usage and customs of 
the courts. (San Jose Ranch Co. v. San Jose ete. 
Co., 126-Cal. 322, 58 Pac. 824.) 

Police power.—In the exercise of the police power 
eertain kinds of property, when held or used so as 
to be injurious to the general public, may be seized 
and destroyed. (Collins v. Lean, 68 Cal. 284, 9 Pac. 
173.) 

An act defining pure wine, prohibiting the use of 
deleterious substitutes, and forbidding the sale of im- 
pure wine, doe&S not deprive one of property without 
due process of law. (Ex parte Kohler, 74 Cal. 38, 15 
Pac. 486.) 


Where an ordinance, fixing the limits within which é 


a disagreeable business may be exercised, has in fact 
some relation to public health and is appropriate and 
adapted to that end, it cannot be urged that the or- 
dinance deprives the owner of his property without 
due process of law. (Ex parte Lacey, 108 Cal. 326, 
41 Pac. 411.) 


Particular statutes.—The provision of the consti- 
tution allowing prosecutions by information affords 
due process of law. (IXalloch vy. Superior Court, 56 
Cal, 229.) ; 

An act making the issuance of bonds conclusive 
evidence of the validity of the lien is void; but an 
act making the issuance conclusive evidence of the 

Cunstitution—3 


s 


Ari 1 66n3 CONSTITUTION OF 1879. j 26 


regularity of the proceedings not essential to the 
jurisdiction of the officers to create the lien is valid. 
(Ramish v. Hartwell, 126 Cal. 448, 58 Pac. 920.) 

This provision does not prohibit a summary pro-, 
ceeding by the state to collect taxes, without the in- 
tervention of a court. (High vy. Shoemaker, 22 Cal. 
363.) 

The act of 1875, providing for a judicial proceed- 
ing to authorize the sale of the homestead, upon the 
insanity of either spouse, by the sane spouse alone, 
is valid, in so far as it relates to a homestead upon 
the community property acquired subsequent to the 
passage of the act. (Rider v. Regan, 114 Cal. 667, 
46 Pac. 820.) 

A law authorizing the court to strike out the plead- 
ing of a defendant for failure to sign a deposition or 
as a punishment for a contempt of court is invalid. 
(Foley v. Foley, 120 Cal. 33, 52 Pac. 122.) 

A statute providing that no case shall be reversed 
for error, unless it appears that a different result 
would have been probable if the error had not oc- 
curred, is void as depriving parties of due process 
of law. (San Jose Ranch Co. v. San Jose ete. Co., 
126 Cal. 322, 58 Pac. 824.) 

An act devesting the title of the purchaser of prop- 
erty from a mortgagor by a foreclosure suit in which 
the mortgagor aione is defendant is void. (Skinner 
v. Buck, 29 Cal. 258. 

An act extending the corporate limits of a town so 
as to include lands used solely for agricultural pur- 
poses was upheld in Santa Rosa v. Coulter, 58 Cal. 
37. 

Notice.—A judgment obtained without service of 
summons on, or voluntary appearance by, the defend- 
ant does not constitute due process of law. (Baker 
v. O’Riordan, 65 Cal. 368, 4 Pac. 232; Belcher v. Cham- 
bers, 58 Cal. 685; De La Montanya v. De La Mon- 
tanya, 112 Cal. 101, 44 Pac. 345.) 

An act authorizing a personal judgment, against 
a defendant concealing himself within the state, for 
whom the court has appointed an attorney, with 
privilege to the defendant to come in within six 
months, is valid. (Ware v. Robinson, 9 Cal. 107.) 

Sections 1206 and 1207 of the Penal Code must be 


a CONSTITUTION OF 1879. Art, I, § 13 


construed as requiring that hoth debtor and credi- 
tor are to have notice of claims for wages, otherwise 
they would deprive the debtor of his property with- 
out due process of law. (Taylor v. Hill, 115 Cal. 
143, 44 Pac. 336, 46 Pac. 922.) 

Whether a notice of not more than ten days is 
valid, query? (Boorman y. Santa Barbara, 65 Cal. 
313, 4 Pac. 31.) . 

A general notice of an intended improvement, be- 
fore it has been determined either finally or condi- 
tionally what land will be affected, does not consti- 
tute due process of law. (Boorman vy. Santa Bar- 
bara, 65 Cal. 313,.4 Pac. 31.) 

An act authorizing an assessment for street im- 
provements without notice to the parties to be as- 
sessed is void. (Boorman vy. Santa Barbara, 65 Cal. 
3138, 4 Pac. 31.) 

Notice by posting constitutes due process of law. 
(Davies v. Los Angeles, 86 Cal. 37, 24 Pac. 771.) 

Section 720 of the Code of Civil Procedure, allow- 
ing the judgment creditor to institute an action 
against an alleged debtor of the judgment debtor, is 
not unconstitutional on the ground that no notice is 
given to the judgment debtor. (High v. Bank of 
Commerce, 95 Cal. 386, 30 Pac. 556.) 

In matters of taxation and assessment, the state 
is not bound to accord personal service of process 
upon the citizen. (Wulzen. v. ‘Supervisors, 101 Cal. 
15, 35 Pac. 353.) 

An assessment without giving an opportunity to 
the taxpayer to show that the assessment is not pro- 
portionate to the benefits is unconstitutional. (Lower 
Kings River Rec. Dist. No. 531 v. Phillips, 108 Cal. 
306, 39 Pac. 6380, 41 Pac. 335.) 

In a proceeding for the sale of the homestead of an 
insane person, publication for three weeks in a news- 
paper, and personal service upon the nearest male 
relative of the insane spouse to be found in the state, 
or, if none, then upon the public administrator, whose 
duty it is to appear for such insane spouse, consti- 
tutes due process of law. (Rider v. Regan, 114 Cal. 
667, 46 Pac. 820.) 

A statute allowing an execution to issue against 
the “joint property” of persons sued, when only one 


Art. I, §43 CONSTITUTION OF 1879. 28 


of the defendants has been served, is unconstitution- 
al. (Tay v. Hawley, 39 Cal. 93.) 

An act allowing a peace officer to seize all nets, 
ete., used in catching fish in violation of the game 
laws, and to destroy them without notice, or to sell 
them upon notice posted anywhere in the county for 
five days, is in violation of this provision. (Hey Sing 
Teck v. Anderson, 57 Cal. 251.) 

To take property from the possession of a person 
without a hearing, and compel him to prove title 
to regain it, is taking property without due process 
of law. (Havemeyer v. Superior Court, 84 Cal. 327, 
24. Pae. 121.) 

A forfeiture of the charter and property of a sub- 
ordinate grove by the grand grove, without suffi- 
cient charges to show jurisdiction over the subject 
matter, and without sufficient notice, is in violation 
of this provision. (Grand Grove ete. v. Garibaldi 
Grove, 130 Cal. 116, 62 Pac. 486.) 

An order of the probate court made without no- 
tice, compelling an attorney of an executrix to repay 
a fee paid to him by her, is in violation of this pro- 
vision. .(Tomsky v. Superior Court, 131 Cal. 620.) 

Liens.—The mechanics’ lien law of 1868 is not un- 
constitutional on the ground that it attempts to ap- 
point agents for private persons; nor that it confis- 
cates property; nor as to the notice required of own- 
ers as to responsibility for improvements; nor that 
it attempts to take away vested rights, or to clothe 
private persons with power to devest citizens of 
their property. (Hicks v. Murray, 48 Cal. 515.). 

Giving a laborer a lien upon the threshing ma-. 
chine in the lawful possession of a person holding 
under the owner does not deprive the latter of prop- 
erty without due process of law. (Lambert v. Da- 
vis, 116 Cal. 292, 48 Pac. 123.) 

An act authorizing the creation of a lien upon land 
by virtue of a contract for the improvement of the 
street adjacent thereto, entered into with one who 
is only the reputed owner of the land, is void. (Santa 
Cruz Rock ete. Co. v. Lyons, 117 Cal. 212, 48 Pace. 
1097.) 

Curative acts.—The legislature has power to pass 
curative acts by which the various acts and pro- 


29 CONSTITUTION OF 1879. Art. J, 8138 


ceedings of the officers and boards charged with the 
levying and assessing of taxes are rendered valid, 
notwithstanding that errors and irregularities have 
intervened. . But where the officer or tribunal has no 
jurisdiction, the act is void, and cannot be cured. | 
(People v. Goldtree, 44 Cal. 3238.) 

An act to validate a judgment of a cédurt void’ 
for want of jurisdiction is void. (Pryor v. Downey, 
50 Cal. 388.) 

An act attempting to validate a void assessmént 
is in violation of this provision. (Brady v. King, 53 
Cal. 44; People v. Lynch, 51 Cal. 15; People v. Gold- 
tree, 44 Cal. 323; Schumaker v. Toberman, 56 Cal. 
508; Taylor v. Palmer, 31 Cal. 240; People v. Mc- 
OCune, 57 .Cal. 153.) 

An act attempting to legalize a sale of property 
for a void tax is unconstitutional. (Harper v. Rowe, 
53 Cal. 233; Wills v. Austin, 53 Cal. 152; Houghton 
v. Austin, 47 Cal. 646.) 

Assessments.—The so-called “front-foot’ method 
of assessment for street improvements has been 
many times upheld in this state. (Hadley v. Dague, 
130 Cal. 207, 62 rae 500; Cohen v. Alameda, 124 
Cal. 504, 57 Pace. 377 - Chambers v. Satterlee, 40 Cal. 
497; Emery v. San See areas ete. Co., 28 Cal. 345; 
Emery v. Bradford, 29 Cal. 75; Taylor v. Palmer, 
31 Cal. 240: Whiting v. Quackenbush, 54 Cal. 306; 
Whiting v. Townsend, 57 Cal. 515; Lent v. Tillson, 
72 Cal. 404, 14 Pac. 71; Jennings v. Le Breton, 80 
Cal. 8, 21 Pac. 1127; San Francisco etc. Co. v. Bates, 
22 Cal. Dee. 302; Banaz v. Smith, 21 Cal. Dec. 735.) 

Considerable doubt was cast upon the correctness 
of these decisions by the decision of the United States 
supreme court in Norwood vy. Baker, 172 U. S. 269, 
19 Sup. Ct. Rep. 187, but the doctrine of these cases 
has been since sustained by the decision of that court 
in Tonawanda vy. Lyon, 181 U. S. 389, 21 Sup. Ct. Rep. 
609. 

An act authorizing the street superintendent to as- 
sess benefits, without prescribing the precise mode 
of assessment, is valid. (Harney v. Benson, 113 Cal. 
314, 45 Pac. 687; Greenwood v. Morrison, 128 Cal. 
350, 60 Pac. 971.) 


| ADt. 1.2545 CONSTITUTION OF 1879. 30 


An assessment is not invalid because the owner 
of the land is not given an opportunity to be heard 
before the assessment is made, if he is given that 
opportunity in an action to enforce the assessment. 
(Reclamation Dist. No. 108 v. Evans, 61 Cal. 104.) 

An act permitting the owners of one-half of the 
land of a district to form an assessment district, 
without making any provision for a determination 
as to whether the other owners will be benefited by 
tHe improvement, is unconstitutional. (Moulton vy. 
Parks, 64 Cal. 166, 30 Pac. 613; Brandenstein vy. Hoke, 
101 Cal. 131, 85 Pac. 562; People v. Reclamation Dist. 
No. 5¢1, 117 Cal. 114, 48 Pac. 1016.) 

The mode of assessment is a matter for the leg- 
islature, and the courts will not interfere on the 
ground of an improper apportionment or inequality 
of burden or benefit, unless there is a palpable vio- 
lation of private rights. (Reclamation Dist. v. Ha- 
gar, 66 Cal. 54, 4 Pac. 945.) 

It is sufficient if the parties interested are given 
an opportunity to be heard before the lien becomes 
final upon their property, and they are not entitled 
to be heard upon the question whether or not the 
improvement should be made. (Lent v. Tillson, 72 
Cal. 404, 14 Pac. 71; Board of ‘Directors v. Tregea, 
88 Cal. 334, 26 Pac. 237.) 

Where the limits of an assessment district are de- 
fined in the statute, notice need not be addressed to 
the persons affected by name. (Lent v. Tillson, 72 
Cal. 404, 14 Pac. 71.) 

An act for the protection of swamp lands, which 
provides for making assessments therefor a charge 
upon the lands benefited, and for a sale of such 
lands for such assessments, without any opportunity 
for a hearing of the land owner in regard to the as- 
sessment, and without any suit or opportunity of 
defense, is invalid. (Hutson v. Protection Dist., 79 
Cal. 90, 16 Pac. 549, 21 Pac. 485.) 

The property of a land owner within an irrigation 
district is not taken from him without due process 
of law, if he is allowed a hearing at any time before 
the lien of an assessment for taxes levied thereon 
becomes final. (In re Madera Irr. Dist., 92 Cal. 296, 
DOE CMa bie) 


WONStes Art. L., ‘Sec.. 14: 
‘Rights of private property. 

Section 14. Private property shall not be taken or damaged for 
public use without just compensation having first been made to, 
or paid into court for, the owner, and no right of way shall be 
appropriated to the use of any corporation other than municipal 
until full compensation therefor be first made in money or ascer- 
tained and paid into court for the owner, irrespective of any 
[benefits] from any improvement proposed by such corporation, 
which compensation shall be ascertained by a jury, unless a jury 
be waived, as in other civil cases in a court of record, as shall 
be prescribed by law. [The taking of private property for a rail- 
road run by steam or electric power for logging or lumbering 
purposes shall be deemed a taking for a public use, and any 
person, firm, company or corporation taking private property under 
the law of eminent domain for such purposes shall thereupon and 
thereby become a common carrier.] [Amendment adopted October 


10, 1911.] 








31 CONSTITUTION OF 1879. Art. I, §14 


The “Wright act” providing for irrigation dis- 
tricts is constitutional. (In re Central Irr. Dist., 117 
Cal. 382, 49 Pac. 354, and cases there cited.) 

DEPOSITIONS.-—-This section does not prevent the 
legislature from providing that depositions taken on 
the preliminary examination may be used on the 
trial. (People v. Oiler, 66 Cal. 101, 4-Pac. 1066.) 

As to the power of the legislature to authorize the 
conditional examination of witnesses, see Willard v. 
Superior Court, 82 Cal. 456, 22 Pac. 1120. 

The provision of the Penal Code allowing deposi- 
tions taken at the preliminary examination of a de . 
fendant charged with murder to be read in evidence 
for the prosecution upon the trial is not in conflict 
with this section. (People v. Sierp, 116 Cal. 249, 48 
Pac. 88; People v. Cady, 117 Cal. 10, 48 Pac. 908.) 


Sec. 14. Private property shall not be taken 
or damaged for public use without just compensa- 
tion having been first made to, or paid into court, 
for the owner, and no right of way shall be ap- 
propriated to the use of any corporation other than 
municipal until full compensation therefor be 
first made in money or ascertained and paid into 
court for the owner, irrespective of any benefit 
from any improvement proposed by such corpora- 
tion, which compensation shall be ascertained by 
a jury, unless a jury be waived, as in other civil 
cases in a court of record, as shall be prescribed 
by law. 


PRIVATE PROPERTY FOR PUBLIC USE—A 
municipal corporation has no power to take a lot 
- to which it has no title, which is in the actual pos- 
session of another, who claims to be the owner, al- 
though he in fact is not, and appropriate it to the 
use of the public, without paying compensation. 
(Gunter v. Geary, 1 Cal. 462.) 


Art. I, §14 CONSTITUTION OF 1879. 32 


The property of a citizen cannot be taken from 
him for public use, unless ample means of remunera- 
tion are provided. (McCann vy. Sierra County, 7 Cal. 
121.) ' 

A municipal corporation cannot take private prop- 
erty for public use, without making compensation in 
advance or providing a fund out of which compensa- 
tion shall be made as soon as the amount to be paid 
can be determined. (Colton v. Rossi, 9 Cal. 595.) 

The legislature has no power to take the property 
of one person and give it to another; nor can it be 
taken for public use, unless compensation to the 
owner precede or accompany the taking. (Gillan v. 
Hutchinson, 16 Cal. 153.) 

An act directing the governor to take possession 
of the state prison in the possession of a lessee, with- 
out making any provision for compensation, is void. 
(McCauley v. Weller, 12 Cal. 500.) 

The act of 1863, providing for the widening of 
streets in San Francisco by agreement with the own- 
ers, does not deprive the owners of any right or 
privilege guaranteed by this section. (San Francisco 
v. Kiernan, 98 Cal. 614, 33 Pac. 120.) 

Property.—The right of a riparian owner cannot 
be taken away, except for public use on due com- 
pensation. (Lux v. Haggin, 69 Cal. 255, 372, 10 Pac. 
674.) 

This section does not apply to any mere diminu- 
tion in value of abutting lands by the closing of a 
street in whole or in part, nor to any mere inconve- 
nience to abutting owners thereby occasioned, if ac- 
cess to their land is not prevented. (Brown y. Su- 
pervisors, 124 Gal. 275, 57 Pac. 82.) 

Although the supervisors have authority to, close a 
public street, the owner of adjoining property has 
an easement therein, of which he cannot be de- 
prived without compensation. (Bigelow vy. Ballerino, 
111 Cal. 559, 44 Pac. 307.) 

The right of the owner of a city lot to the use of 
the street adjacent thereto is property, and any act 
by which this right is impaired is to that extent a 
damage. (Kachus v. Los Angeles etc. Ry. Co., 103 
Cal, 614, 37 Pac. 750.) 


33 CONSTITUTION OF 1879. Art. I, § 14 


No compensation need be made for the vacation 
of a public street which has not been dedicated by 
the owners of the land. (Levee Dist. No. 9 v. Far- 
mer, 101 Cal. 178, 35 Pac. 569.) 

Money is not that species of property which the 
sovereign authority can authorize to be taken in 
the exercise of the right of eminent domain. (Bur- 
nett vy. Sacramento, 12 Cal. 76; Emery v. San Fran- 
cisco, 28 Cal. 345.) 

The leasehold interest in convicts leased by the 
state is as much property as are lands held in fee. 
(McCauley v. Brooks, 16 Cal. 11.) 

A franchise for a street railroad is property ca- 
pable of being benefited by the widening of the 
street. (Appeal of North Beach etc. R. R. Co., 32 
Cal. 499.) 

The legislature may grant the right to construct 
a railroad upon a public street without providing 
for compensation for the damage done to the own- 
ers of the adjacent property, provided the owners 
of the property are not the owners usque ad filum 
viae. (Carson v. Central Pac. R. R. Co., 35 Cal. 325.) 

A person who owns lots fronting on a street dedi- 
cated by himself to the public use is entitled to dam- 
ages, if a railroad campany lays its track along the 
street, and thereby obstructs it for the use of teams 
and vehicles, and if the value of the lot is diminished 
thereby. (Southern Pac. R. R. Co. v. Reed, 41 Cal. 
25183.) 

An act providing that a tax collector shall receive | 
the fees allowed by law, and pay a part of such 
fees into the treasury for the benefit of the county, 
does not take private property for public use. (Ream 
v. Siskiyou County, 36 Cal. 620.) 

Public use.—The formation of an irrigation district 
for the purpose of reclaiming arid land is a public pur- 
pose for which private property may be taken. (Thur- 
lock Irr. Dist. v. Williams, 76 Cal. 360, 18 Pac. 379; 
Central Irr. Dist. v. De Lapne, 79 Cal. 351, 21 Pac. 
825; Crall vy. Poso Irr. Dist., 87 Cal. 140, 26 Pac. 797.) 

The legisJature is the sole judge of the public ne- 
cessity or advantage of a proposed improvement as 
a public use. (Gilmer v. Lime Point, 18 Cal. 229.) 


Art. I, § 14 CONSTITUTION OF 1879. 3+ 


The words “public use’? mean a use which con- 
cerns the whole community, as distinguished from 
a particular individual or a particular number of 
individuals. But it is not necessary that each and 
every individual member of society should have the 
same degree of interest in this use, or be personally 
or directly affected by it, in order to make it public. 
(Gilmer v. Lime Point, 18 Cal. 229.) ‘ 

To condemn land within the state for a United 
States fort or other military or naval purpose is to 
condemn land for a public use. (Gilmer y. Lime 
Poimnt,..18. Galo} 

The only test of the admissibility of the power of 
the state to condemn land for ‘‘public use” is that 
the particular object for which the land is condemned 
tends to promote the general interest, in its relation 
to any legitimate object of government. (Gilmer v. 
Lime Point, 18 Cal. 229.) 

The ‘‘public use’ is left in large measure to legis- 
lative determination; and the legislative resolve, by 
which a tax is imposed or private property taken, 
is such legislative determination. (Stockton ete. R. 
R. Co. v. Stockton, 41 Cal. 147; Contra Costa ete. 
Co. v. Moss, 23 Cal. 323.) 

But the legislative determination that a certain 
business is a public use is not conclusive of its char- 
acter. (Consolidated Channel Co, v. Central Pac. R. 
R. Co., 51 Cal. 269.) 

A railroad for the transportation of passengers and 

y freight is a public use. (San Francisco ete. R. R. 
Co. v. Caldwell, 31 Cal. 367; Contra Costa ete. Co. 
v. Moss, 23 Cal. 323; Stockton ete. R. R. Co. v. Stock- 
ton, 41 Cal. 147; Napa Valley R. R. Co. v. Napa, 30 
Cal. 435.) 

Private use.—The legislature cannot take private 
property for a private use, and it must declare the 
purpose to be one of public necessity or convenience. 
(Nickey v. Stearns Ranchos Co., 126 Cal. 150, 58 Pace. 
459; Consolidated Channel Co. v. Central Pac. R. R. 
Co., 51 Cal. 269; Brenham v. Story, 39° Cal. 179; 
Sherman v. Buick, 32 Cal. 241.) 

Thus an act permitting a person to build a flume 
on the land of another to carry off the tailings from 


35 CONSTITUTION OF 1879. Art, I, $14 


his mine is void. (Consolidated Channel Co. vy. Central 
Pew ie OO., O1.Cal. 269.) 

Also an act giving a right to miners to enter upon 
private property, where no such right existed an- 
terior to its passage. (Gillan v. Hutchinson, 16 Cal. 
153.) 

Also an act authorizing an administrator to sell 
real property belonging to the estate of his decedent, 
who died before the passage of the act, except in 
satisfaction of the liens of creditors, for the support 
of the family, or to pay the expenses of administra- 
tion. (Brenham vy. Story, 39 Cal. 179.) 

The legislature has power to open so-called ‘‘pri- 
vate roads,’ from main roads to the residences or 
farms of individuals. The fact that they are called 
“private” is immaterial, since all roads are public. 
(Sherman v. Buick, 32:Cal. 241.) 

Damaged.—The provision of this section against 
property being damaged for public use is not found 
in the constitution of 1849. As to the meaning of 
the word “damaged” as used in this section, see 
‘Reardon vy. San Francisco, 66 Cal. 492, 501-506, 6 Pac. 
Ol be 

A mere infringement of the owner’s personal pleas- 
ure or enjoyment, or merely rendering the property 
less desirable for certain purposes, or even causing 
personal annoyance and discomfort, does not con- 
stitute a damage within the meaning of this section. 
(Hachus v. Los Angeles ete. Ry. Co., 103 Cal. 614, 
37 Pac. 750.) 

Digging and maintaining ditches and drains across 
private lands is a taking of property. (Nickey v. 
Stearns Ranchos Co., 126 Cal. 150, 58 Pac. 459.) 

Where the damage is not the natural, certain, and 
immediate consequence of an improvement, compen- 
sation need not be made in advance. (De Baker v. 
Railway Co., 106 Cal. 257, 39 Pac. 610.) 

Streets.—A city is liable for damages caused the 
owner of an abutting lot by excavating the street 
in front thereof, in pursuance of a contract let by 
the city for that purpose. (KHachus v. Los Angeles, 
130 Cal. 492, 62 Pac. 829; Reardon v. San Francisco, 
66. Cal. 492, 6. Pac. 317.) 


Art. I, § 14 CONSTITUTION OF 1879. 36 


Pamages caused by the raising of a street to the 
official grade cannot be pleaded as a defense to an 
action brought to foreclose the lien for improving 
the street. (Hornung v. McCarthy, 126 Cal. 17, 58 
Pac. 303.) 

An owner of land abutting upon a street is en- 
titled to compensation for any injury to his property, 
which he sustains over and above that sustained in 
common with other abutting owners, resulting from 
a change in the grade of the street. (Eachus v. Los 
Angeles Ry. Co., 103 Cal. 614, 87 Pac. 750; Jennings 
v. Le Roy, 68 Cal. 397.) 

But a city is not responsible for the unauthorized 
act of its officers in raising the grade of a street 
and thus damaging adjoining property. (Sievers vy. 
San Francisco, 115 Cal. 648, 47 Pac. 687.) 

To change the channel of a natural watercourse 
so as to increase the flow of water in another wate1- 
course, to the injury of adjoining lands, is a viola- 
tion of this section. (Rudel v. Los Angeles, 118 Cal. 
281, 50 Pace. 400; Conniff v. San Francisco, 67 Gal. 
45, 7 Pac. 41; Tyler v. Tehama Co., 109 Cal. 618, 42 
Pac. 240. But see Green v. Swift, 47 Cal. 586; Lar- 
rabee v. Cloverdale, 181 Cal. 96.) 

A municipal corporation is liable for damages 
caused by the construction of sewers, ete., in such 
a manner that the surface water of a large terri- 
tory, Which did not naturally flow in that direction, 
is gathered into a body and precipitated upon pri- 
vate property. . (Stanford v. San Francisco, 111 Cal. 
198, 43 Pac. 605.) 

But a municipal corporation is not liable for dam- 
ages caused by the prevention of the flow of sur- 
face water from the lot of a private owner, by rea- 
son of the raising of a street to the grade established 
by law, where such surface water does not run in 
a natural channel across the lot. (Corcoran v. Benicia, 
96 Cal. 1, 30 Pac. 798; Lampe vy. San Francisco, 124 
Cal. 546, 57 Pac. 461.) 5 

A statute exempting a municipal corporation from 
liability for damages for injuries sustained by any 
person on its graded streets, but making the officers 
of the city liable therefor, is valid. (Parsons v. San 
Francisco, 23 Cal. 462.) } 


OU CONSTITUTION OF 1879. Art. I, 8 14 


A contractor of the city is not liable under this 
provision for damage to private property caused by 
a public improvement. (De Baker v. Railway Co., 
106 Cal. 257, 39 Pac. 610.) P 

Procedure.—Section 1254 of the Code of Civil Pro- 
cedure, in regard to proceedings for the condemna- 
tion of property for public use, allowing an adequate 
fund to be paid into court, whereupon the court 
may authorize the plaintiff to take possession of the 
property until the final determination of the litiga- 
tion, is not inconsistent with this section. (Spring 
Valley W. W. vy. Drinkhouse, 95 Cal. 220, 30 Pac. 
218.) 

But a statute allowing the plaintiff to take pos- 
session upon the filing of a bond is void. (Vilhaec 
vy. Stockton ete. R. R. Co., 53 Cal. 208; San Mateo 
W. W. v. Sharpstein. 50 Cal. 284; Sanborn v. Belden, 
51 Cal. 266. But see Fox v. Western ete. R. R. Co., 
31 Cal. 538.) 

This provision contemplates and provides for a 
proceeding in court in all cases where private prop- 
erty is taken for a public use, and prohibits any 
other proceeding to that end; and the owner is en- 
titled to a jury trial for the purpose of ascertain- 
ing the damages. (Weber v. Santa Clara Co., 59 
Cal. 265; Trahern v. San Joaquin Co., 59 Cal. 320.) 

The means of compensation must be provided be- 
fore the property is taken. (McCauley v. Weller, 12 
Cal. 500.) 

If failure be made in paying or providing such 
compensation, the party may retake possession of the 
property. (Colton v. Rossi, 9 Cal. 595.) 

The state may select its own agents and agencies 
in exercising the power of eminent domain, and may 
select foreign corporations or governments. (Gilmer 
v. Lime Point, 18 Cal. 229.) 

The provision for just compensation only requires 
that a certain and adequate remedy be provided by 
which the owner can obtain his compensation with- 
out unreasonable delay; and a law providing for a 
jury to determine the value, that the money be paid 
into the county treasury for the owner, to be paid 
to him when his ownership is ascertained, is valid. 
(Gilmer v. Lime Point, 18 Cal. 229.) 

Constitution—4 


Art. I, § 14 CONSTITUTION OF 1879. 38 


An act providing for a proposed alteration of a 
public road, and requiring persons claiming com- 
pensation for land to be taken to present their claims 
within a certain time, or be deemed as waiving all 
right to damages, is valid. (Potter v. Ames, 43 Cal. 
75.) ’ 

It is competent for the legislature to prescribe the 
several steps to be pursued in the assertion of the 
right to compensation for land appropriated for pub- 
lie use, but the prescribed procedure must not de- 
stroy or substantially impair the right itself. (Pot- 
ter v. Ames, 43 Cal. 75.) 

The fact to be ascertained is the value of the land 
at the time it is taken, and testimony to prove the 
annual net profits is not admissible. (Stockton ete. 
Co. v. Galgiana, 49 Cal. 139.) 

Compensation.—An ordinance fixing water rates 
must allow a just and reasonable compensation to 
the water company for the property used and the 
services furnished by it. (San Diego Water Co. v. 
San Diego, 118 Cal. 556, 50 Pac. 633.) 

In a condemnation proceeding the land owner is 
not liable for costs, but is entitled to recover his 
own costs from the plaintiff. (San Francisco v. Col- 
lins, 98 Cal. 259, 33 Pac. 56.) 

' Where a railroad company, prior to the commence- 
ment of proceedings to condemn a right of way, but 
with the bona fide intent to commence such pro- 
ceedings, erects structures thereon, it is not required 
to pay for the structures so erected in the condem- 
nation proceeding. (Albion River R. R. Co. v. Hesser, 
84 Cal. 435, 24 Pac. 288; San Francisco ete. R. R. Co. 
v. Taylor, 86 Cal. 246, 24 Pac. 1027.) 

The provision of section 1249 of the Code of Civil 
Procedure that, for the purpose of assessing com- 
pensation and damages, the right thereto shall be 
deemed to have accrued at the date of the summons, 
is not in conflict with this provision. (California 
Southern R. R. Co. v. Kimball. 61 Cal. 90; Tehama 
Co. v. Bryan, 68 Cal. 57, 8 Pac. 673.) 

Under the former constitution, where the land 
taken is a part only of a tract, the difference be- 
tween the value of the tract without the improve- 
ment and with it, is the compensation to be made. 


39 CONSTITUTION OF 1879. Art. I, §14 


(San Francisco etc. R. R. Co. v. Caldwell, 31 Cal. 
367.) 

Both the injury to the land and the benefit to it 
should be considered. (San Francisco etc. R. R. Co. 
v. Caldwell, 31 Cal. 367.) 

The defendant is entitled to receive for a strip 
of land taken for an alley an amount equal to that 
for which it could have been sold in the open market, 
on the day of the summons, for cash, after reason- 
able time taken by the owner to make the sale. 
(Santa Ana v. Brunner, 1382 Cal. 235.) 

The provision of this section, providing for com- 
pensation, “irrespective of any benefit from any im- 
provement proposed,” is not limited to the land taken, 
but also to the land not taken, and the damages 
to the property not taken must be fixed, irrespective 
of any benefit which may result from the proposed 
improvement. (San Bernardino ete. Ry. Co. v. Haven, 
94 Cal. 489, 29 Pac. 875.) 

The provision of this section, prohibiting any de- 
duction from the damages to land not taken of 
the amount of benefits accruing from the improve- 
ment to such land, only applies to ‘‘corporations other 
than municipal,’ and does not apply to individuals. 
(Moran v. Ross, 79 Cal. 549, 21 Pac. 958.) 

In a proceeding by a railroad corporation to con- 
demn land-for its road, the compensation to be 
awarded the owner must be ascertained irrespective 
of any benefit that will accrue to the remainder of 
his land from the building of the road. (Pacific Coast 
Ry. Co. v. Porter, 74 Cal. 261, 15 Pac. 774.) 

An act requiring commissioners, in assessing the 
value of lands sought to be taken by a railroad com- 
pany, to make allowance for any benefit that will 
accrue to the person whose lands are taken, is valid. 
(San Francisco etc. R. R. Co. v. Caldwell, 31 Cal. 
367.) 

The increased cost of irrigation which would be 
caused by the building of a railroad is a legitimate 
subject of inquiry for the purpose of ascertaining 
the damage sustained by the owner. (San Bernardino 
etc. Ry. Co. v. Haven, 94 Cal. 489, 29 Pac. 875.) 

A county is not a municipal corporation within the 


Art. I, §14 CONSTITUTION OF 1879. 40 


meaning of this section. (San Mateo v. Coburn, 130 
Cal. 631, 63 Pac. 78.) 


Assessments.—An assessment upon a lot adjacent 
to a street to pay for improvements made on the 
street cannot be maintained when the lot has received 
‘only an injury by the work on the street; and there- 
fore in no case can the owner be made personally 
liable for any deficiency after the lot has been ex- 
hausted. (Creighton v. Manson, 27 Cal. 613; Taylor 
v. Palmer, 81 Cal. 240; Gaffney v. Gough, 36 Cal. 
104; Coniff v. Hastings, 86 Cal. 292. But see Walsh 
v. Mathews, 29 Cal. 124.) 

Benefits for street improvements accrue to the land 
and not to the buildings. (Appeal of Piper, 32 Cal. 
530.) 

The so-called “front-foot”’ method of assessment 
for street improvements has been many times up- 
held in this state. (Chambers v. Satterlee, 40 Cal. 
497; Hadley v. Dague, 130 Cal. 207, 62 Pac. 500; 
Cohen v. Alameda, 124 Cal. 504, 57 Pac. 377; Hmery 
v. San Francisco ete. Co., 28 Cal. 345; Hmery vy. 
Bradford, 29 Cal. 75; Taylor v. Palmer, 31 Cal. 240; 
Whiting v.- Quackenbush, 54 Cal. 806; Whitin~ v. 
Townsend, 57 Cal. 515; Lent v. Tillson, 72 Cal. 404, 
14 Pac. 71; Jennings v. Le Brefon, 80 Cal. 8, 21 Pace. 
1127; San Francisco ete. Co. v. Bates, 22 Cal. Dec. 302; 
Banaz v. Smith, 21 Cal. Dec. 735.) 2 

Considerable doubt was cast upon the correctness 
of these decisions by the decision of the United 
States supreme court in Norwood vy. Baker, 172 WU. 
S. 269, 19 Sup. Ct. Rep. 187, but the doctrine of these 
cases has been since sustained by the decision of that 
court in Tonawanda vy. Lyon, 181 U. S. 389, 21 Sup. Ct. 
Rep. 609. 

An assessment for a street improvement upon the 
front-foot system is an exercise of the power of taxa- 
tion, and not of eminent domain. (Hmery v. San 
Francisco ete. Co., 28 Cal. 345.) 

Benefits may be assessed in the ratio of their 
value. (Appeal of Piper, 82 Cal. 530.) 

An assessment upen an assessment district is valid. 
(Appeal of Piper, 32 Cal. 530.) 

Jury.—The right of trial by jury in cases of emi- 
nent domain did not exist prior to the new constitu- 


41 CONSTITUTION oF 1879. Art. I, §§ 15,16 


tion. (Koppikus v. State Oapitol Commrs., 16 Cal. 
248; People v. Blake, 19 Cal. 579.) 

Police power.—The police power will not authorize 
the state to take private property for public use 
without compensation, when such property can be 
condemned and paid for. (People v. Elk ete. Co., 
107 Cal. 221, 40 Pac. 531.) 

This provision does not prevent the legislature from 
prohibiting the conducting of offensive trades within 
the limits of a city. (Ex parte Shrader, 33 Cal. 279.) 


Sec. 15. No person shall be imprisoned for debt 
in any civil action, on mesne or final process, 
unless in cases of fraud, nor in civil actions for 
torts, except in cases of willful injury to person 
or property; and ho person shall be imprisoned 
for a militia fine in time of peace. 


IMPRISONMENT FOR DEBT.—An assault and 
battery is not a case of fraud within the meaning 
of this provision. (Hx parte Prader, 6 Cal. 239.) 

In a suit to recover money received by a person 
as agent, such agent cannot be arrested without 
showing some fraudulent conduct on his part, or a 
demand on him by the principal and a refusal to 
pay. (In re Holdforth, 1 Cal. 488.) 

The proceedings for the settlement of an estate 
are not a civil action within the meaning of this 
section. (Ex parte Smith, 53 Cal. 204.) 

Nor is money in the hands of an executor a ‘‘debt’” 
within the meaning of this section. (Ex parte Smith, 
53 Cal. 204.) 


Sec. 16. No bill of attainder, ex post facto 
law, or law impairing the obligation of contracts, 
shall ever be passed. 


IMPAIRING OBLIGATION OF CONTRACTS— 
Contract.—A liquor license is not a contract within 
the meaning of this section, and may be revoked at 
any time. (Hevren v. Reed, 126 Cal. 219, 58 Pac. 536.) 


‘ 


‘Art rig i$ 16 CONSTITUTION OF 1879, 42 


No person has a vested right to an unenforced 
penalty; and if such a penalty is reduced to judg- 
iment, the judgment will be reversed upon appeal, if, 
pending the appeal, the statute imposing the penalty . 
is repealed. (Anderson y. Byrnes, 122 Oal. 272, 54 
Pac, 821.) 

As to whether or not the charter of a corporation 
is a contract within the meaning of this provision, 
see Spring Valley W. W. v. San Francisco, 61 Cal. 3. 

A legislative grant of property to a municipal cor- 
poration is an executed contract, and as such within 
this clause. (Grogan vy. San Francisco, 18 Cal. 590.) 

The right to practice law is not a contract. (Cohen 
vy. Wright, 22 Cal. 298.) 

An act authorizing the contractor to sue for a 
street assessment is a contract. (Creighton v. Pragg, 
21 Cal. 115.) 

Judicial decisions.—The decisions of state courts 
in regard to general rules of-law, although they 
may affect contract rights, are not subject to the 
rule laid down by the federal courts that a judicial 
construction of a statute, so far as contract rights 
acquired under it are concerned, becomes a part of 
the statute, and that a change in such construction 
has the same effect on contracts as a _ legislative 
amendment. (Alferitz v. Borgwardt, 126 Cal. 201, 58 
Pac. 460.) 

The decision holding that a chattel mortgage vests 
the title in the mortgagee was not a judicial con- 
struction of section 1888 of the Civil Code, whieh 
was overlooked by the court, and does not fall within 
the rule of the federal courts that contract rights 
acquired under a judicial construction of a statute 
by a state court will be governed thereby, and can- 
not be affected by a subsequent change in such con- 
struction. (Alferitz v. Borgwardt, 126 Cal. 201, 58 » 
Pac. 460.) ? 

Decisions declaring that a conveyance absolute in 
form, but intended as security, did not pass the legal 
title, cannot be considered as forming part of a con- 
veyance executed after such decisions and before they 
were overruled, (Alien y. Allen, 95 Cal. 184, 30 Pac. 
213.) | 


43 CONSTITUTION OF 1879. Art. I, .& 16 


Impairing the obligation._Impairing the obliga- 
tion of other things than contracts is not prohibited. 
(Robinson v.. Magee, 9 Cal. 81.) 

A valid contract cannot be abrogated by the adop- 
tion of a new constitution, any more than it can be 
by the enactment of a law by the legislature. (Ede v. 
Knight, 93 Cal. 159, 28 Pac. 860.) 

An act destroying the legal remedy upon a con- 
tract impairs the obligation of the contract. (Bates 
v. Gregory, 89 Cal. 387, 26 Pac. 891; Robinson v. 
Magee, 9 Cal. 81; Creighton v. Pragg, 21 Cal. 115; 
Thorne vy. San Francisco, 4 Cal. 127.) 

The legislature may alter or change the remedy, 
provided the right is not materially affected; but 
whenever the remedy is so far altered as to impair, 
destroy, change, or render the right scarcely worth 
pursuing, the obligation of the contract upon which 
the right is founded is impaired. (Smith v. Morse, 
2 Cal. 524.) 

The constitution does not inhibit all legislation in 
respect to contracts, but only forbids the impairing 
of their obligation. (Thornton v. Hooper, 14 Cal. 9.) 

The legislature cannot, after a contract is made, 
change its terms, or authorize a performance different 
from that prescribed in the contract. (McGee v. San 
Jose, 68 Cal. 91, 8 Pac. 641.) 

Contracts with state, counties and cities.—A state 
ean no more impair the obligation of a contract made 
by it with an individual than a contract between 
two citizens. (Floyd v. Blanding, 54 Cal. 41.) 

An act extinguishing the debts of a city is void. 
(Smith v. Morse, 2 Cal. 524.) 

An act ratifying an ordinance of the city and 
county of San Francisco transferring all of the prop- 
erty of the city to the “Commissioners of the Sink- 
ing Fund,” and thus placing it beyond the reach of 
the city’s creditors, is void. (Smith v. Morse, 2 Cal. 
524.) : 

When bonds of a city are issued and accepted by . 
the creditors of the city under a statute requiring 
an annual levy of taxes in payment thereof, the con- 
tract is made as solemn and binding and as much 
' beyond subsequent legislation as it would have been 
if made between private persons. (Meyer v. Bryan, 


ATL, S110 CONSTITUTION OF 1879. 44 


65 Cal. 583, 26 Pac. 281; Bates v. Porter, 74 Cal. 224, 
16° Pac: 7382 

Where creditors of a city, under the act of 1851, 
creating the board of fund commissioners of San 
Francisco, surrendered the old indebtedness and 
took a new security, bearing a different rate of in- 
terest, the act entered into the contract, and cannot 
be amended so as to impair or destroy the rights 
of the parties under the contract. (People v. Woods, 
7 Cal. 579; People v. Bond, 10 Cal. 563.) 

The act to authorize the funding of the floating 
debt of San Francisco is a contract, and its obliga- 
tions cannot be impaired by amendments, but new. 
provisions may be added, provided the rights of cred- 
itors are not injuriously affected. (Thornton vy. 
Hooper, 14 Cal. 9; Babcock v. Middleton, 20 Cal, 643 ) 

AS a general rule, a provision, whether made by 
a state or a corporation, to meet its debts or en- 
gagements, may be regarded as only a means of 
executing its own policy or transacting its own busi- 
ness, and may be altered or repealed at pleasure. 
(San Francisco v. Beideman, 17 Cal. 443.) ; 

An act providing for the payment of the debts of 
a county by refunding is not void, asthe creditor 
had no remedy against the county which could be 
impaired. (Hunsaker v. Borden, 5 Cal. 288.) 

The legislature cannot devest the right of a party 
to have a county warrant paid when that right is 
complete, vested, and. determined. (Laforge vy. 
Magee, 6 Cal. 650.) 

A statute requiring all persons holding certain 
county warrants to present them for registry before 
a certain date or be forever barred from enforcing 
the payment thereof, adds a new condition to the 
contract, and therefore impairs its obligation. (Rob- 
inson v. Magee, 9 Cal. 81.) 

This provision relates solely to contracts between 
individuals and not to contracts between individuals 
and the state, because the state cannot be sued. 
(Myers v. English, 9 Cal. 341. But see 23 Am. & 
Eng. Ency. of Law, 1st ed., 79.) 

An act authorizing a county to fund its outstand- 
ing warrants, which were not to draw interest, and 
to make the bonds given in exchange therefor bear 


45 CONSTITUTION OF 1879. Art. -I, .8.16 


interest, is not unconstitutional. (Chapman yv. Morris, 
28 Cal. 393.) 

A law for the funding of the debts of a county is 
valid, for the county cannot be sued except by con- 
sent of the state, and that consent can be granted 
upon any terms the state sees fit to impose. (Sharp 
v. Contra Costa Co., 34 Cal. 284.) 

But while the state and its legal subdivisions can- 
not be compelled to perform their contracts, the 
state cannot annul them. Therefore, an act creating 
funding commissioners and providing that no claim 
against the county shall be valid unless presented 
to and allowed by the commissioners is void. (Rose 
v. Hstudillo, 39 Cal. 270.) 

The legislature cannot require the creditors of a 
county to surrender their evidences of indebtedness, 
and accept new ones in different terms, but it may 
refuse to provide funds to pay any portion of the 
old indebtedness, unless the creditor will accept such 
hew indebtedness. (People v. Morse, 438 Cal. 534.) 

Retrospective statutes.—It is to be presumed that 
no statute is to operate retrospectively, unless the 
contrary clearly appears. (Pignaz v. Burnett, 119 
Cal. 157, 51 Pac. 48.) 

A retrospective statute is void only when it de- 
prives a person of some vested right, secured either 
by some constitutional guaranty, or protected by the 
principles of natural justice. (Galland v. Lewis, 26 
Cal. 46.) 

A law making certain transfers presumptively 
fraudulent cannot be given a retrospective effect. 
(Cook v.' Cockins, 117 Cal. 140, 48 Pac. 1025.) 

Remedial statutes.—Remedial statutes, which are 
retrospective, but do not impair contracts or disturb 
absolute vested rights, and only go to confirm rights 
already existing, are valid. (Dentzel v. Waldie, 30 
Cal. 138.) 

The legislature may legalize defective and invalid 
assessments of taxes. (People v. Holladay, 25 Cal. 
300.) 

Particular statutes.—Where, upon the death of the 
ancestor, the heirs become at once vested with the 
full title to his real estate, subject only to certain 


ATE. iy Sa6 CONSTITUTION OF 1879. 4G 


liens or burdens, the legislature cannot, by a subse- 
quent enactment, interfere with such vested right 
by authorizing a sale of the property by an exec- 
utor or administrator solely for the benefit of the 
heirs. (Hstate of Packer, 125 Cal. 396, 58 Pac. 59.) 

A law reducing the percentage payable upon re- 
demption, passed after the sale, is void. (Thresher 
v. Atchison, 117 Cal. 73, 48 Pac. 1020.) 

A law imposing more onerous conditions upon the 
right to redeem from a tax sale than those which 
existed when the sale was made is void. (Teralta 
Land ete. Co. v. Shaffer, 116 Cal. 518, 48 Pac. 613.) 

The legislature may reduce the time within which 
a deed must be made by a tax collector, provided 
a reasonable time is allowed in which to obtain the 
deed. (Tuttle v. Block, 104 Cal. 448, 88 Pac. 109.) 

To extend the time for redemption is to alter the 
substance of the contract. (Rollins v. Wright, 93 
Cal. 395, 29 Pac. 58; Barnitz v. Beverly, 163 U. S. 
118, 16 Sup. Ct. Rep. 1042; Haynes vy. Treadway, 22 
Cal. Dec. 121; Malone y. Roy, 22 Cal. Dec. 514.) 

A statute passed after the making of a contract, 
giving a right of redemption from an execution sale, 
is unconstitutional. (Thorne v. San Francisco, 4 Cal, 
127.) 

An act taking away the right of redemption passed 
after a contract of indebtedness has been entered 
into and after it has been reduced to judgment, but 
before the sale, is valid. (Tuolumne Redemption Co. 
vy. Sedgwick, 15 Cal. 515.) 

A state cannot enact an insolvent law discharging 
the obligations of contracts made out of the state. 
(Lowenberg v. Levine, 98 Cal. 215, 28 Pac. 941.) 

A law which shortens the time within which to file 
a notice of a mechanic’s lien may constitutionally be 
made to apply to pending cases of uncompleted build- 
ings; provided, an adequate and availing remedy be 
left to enforce the lien. (Kerckhoff-Guzner Mill ete. 
Co. v. Olmstead, 85 Cal. 80, 28 Pac. 648.) 

A law providing for the discharge of a debt con- 
tracted before its adoption is valid. (Porter v. Imus, 
79 Cal. 183, 21 Pac. 729. But see 16 Am. & Eng. 
Enecy. of Law, 2d ed., 640.) 

The construction of section 4, article 18, of the con- 


AT CONSTITUTION OF 1879. Arte tS LG 


stitution, so that it makes the mortgagee of a mort- 
gage executed prior to the adoption of the constitu- 
tion primarily liable for the taxes, where the mort- 
gage makes no provision on the subject, does not 
impair the obligation of the contract. (Hay v. Hill, 
65 Cal. 383, 4 Pac. 378; McCoppen v. McCartney, 60 
Cal. 367.) 7 

To give section 5, article 18, of the constitution a 
retrospective operation, would be impairing the obli- 
gation of contracts. (Beckman y. Skaggs, 59 Cal. 
541.) 

The act, commonly known as the Water Lot Act, 
providing for the disposition of submerged lands and 
fixing a line which is to “remain a permanent water- 
front,’ does not amount to a contract with the 
grantees of the land that the waterfront so fixed 
shall not be extended or otherwise changed. (Floyd 
v. Blanding, 54 Cal. 41.) 

An act exempting property from execution after 
a debt is contracted is void. (Smith v. Morse, 2 Cal. 
§24.) 

A law changing the time within which an action 
must be brought does not impair any vested right, 
for it only affects the remedy, and not the right. 
(Billings v. Hall, 7 Cal. 1.) 

An act requiring a person to pay for improvements 
‘put upon his land by a trespasser against his will 
does not impair the obligation of any contract, as 
the individuals forming a government are not con- 
tractors with such government, within the meaning 
of this section. (Billings v. Hall, 7 Cal. 1.) 

An act making void prior deeds, unless recorded 
in accordance therewith, does not impair vested 
rights. (Stafford v. Lick, 7 Cal. 479.) 

After having made an appropriation in view of a 
contemplated contract to be based thereon, and such 
contract is made, and funds to meet the appro- 
priation are received into the treasury, the legisla- 
ture cannot devrive the party with whom the con- 
tract is made of such funds by repealing the appro- 
priation. (McCauley v. Brooks, 16 Cal. 11.) 

An act making the assessment prima facie proof 
of the tax, and prohibiting the defendant from set- 
ting up any informality in’ the levy or assessment 


APtalL St CONSTITUTION OF 1879. 48 


of the tax, is valid, since it goes merely to the rem- 
edy. (People v. Seymour, 16 Cal. 332.) 

An act requiring litigants to take the oath of al- 
legiance is valid. (Cohen v. Wright, 22 Cal. 293.) 

The “Specific Contract Act” is not in violation of 
this section. (Galland. v. Lewis, 26 Cal. 46; Otis 
v. Haseltine, 27 Cal. 80.) 

An act validating powers of attorney theretofore 
made by married women for the sale of their sepa- 
rate property, and conveyances made by attorneys in 
fact thereunder, is valid. (Dentzel v. Waddie, 30 Cal. 
188.) 

The legislature may impose on debtors the obliga- 
tion to pay interest after the passage of the act on 
debts already due. (Dunne v. Mastick, 50 Cal. 244.) 

An ordinance providing that no liquor license shall 
be granted to any person who has conducted the 
business of selling liquors in any place where females 
are emploved ‘is valid. (Foster v. Police Commrs., 
102 Cal. 483, 37 Pace. 763.) 

EX POST FACTO LAWS.—A law changing the 
forms of procedure by which persons accused of 
crime are to be tried for offenses committed before 
the law was passed is not an ex post facto law. 
(People v. Mortimer, 46 Cal. 114.) 

A crime committed before the adoption of the con- 
stitution of 1879 may, after such adoption, be prose- 
cuted by information. (People v. Campbell, 59 Cal. 
243.) 

The section of the Penal Code which provides that 
one who has been convicted of petit larceny, who 
shall again commit the same offense, is to be deemed 
guilty of a felony, is not ex post facto, when applied 
to one who committed the first offense prior to the 
taking effect of the provision. (Hx parte Gutierrez, 
45 Cal. 429.) 

Where, after the commission of a crime, the crime 
is reduced by statute from a felony to a misdemeanor, 
such statute works a repeal of the former law, and 
such crime cannot be punished under either law. 
(People v. Tisdale, 57 Cal. 104.) 


Sec. 1%. Foreigners of the white race, or of 
African descent, eligible to become citizens of 


49 CONSTITUTION OF 1879. Art. I, $17 


the United States under the naturalization laws 
thereof, while bona fide residents of this state, 
shall have the same rights in respect to the ac- 
quisition, possession, enjoyment, transmission, and 
inheritance of all property, other than real es- 
tate, as native-born citizens; provided, that such 
aliens owning real estate at the time of the adop- 
tion of this amendment may remain such owners; 
and provided further, that the legislature may, by 
statute, provide for the disposition of real estate 
which shall hereafter be acquired by such aliens 
by descent or devise. [Amendment adopted No- 
vember 6, 1894. | 


[ORIGINAL SECTION.] 


See. 17. Foreigners of the white race or of African 
descent, eligible to become citizens of the United 
States under the naturalization laws thereof, while 
bona fide residents of this state, shall have the same 
rights in respect to the acquisition, possession, enjoy- 
ment, transmission, and inheritance of property as 
native-born citizens. 


ALIENS.—An alien is not eligible to an office in 
this state. (Walther v. Rabolt, 30 Cal. 185.) 

By the common law, aliens could not acquire prop- 
erty by descent or other operation of law; and this 
section only removes this disability from those who 
are bona fide residents within the state. (Norris v. 
Hoyt, 18 Cal. 217.) 

A nonresident alien may take and hold property 
acquired by purchase until office found. (Norris v. 
Hoyt, 18 Cal. 217.) 

An act permitting nonresident aliens to inherit 
real and personal estate is valid. (People v. Rogers, 
18 Cal. 159; Estate of Billings, 65 Cal. 593, 4 Pac. 639; 
Lyons y. California, 67 Cal. 380, 7 Pac. 763.) 


Constitution—5 


Art. I, §§ 18-20 CONSTITUTION OF 1879. 50 


This provision by implication excludes nonresident 
aliens from the rights mentioned in this section. (Si- 
emssen vy. Bofer, 6 Cal. 250.) 

This section prohibits the legislature from depriv- 
ing resident foreigners of any of the rights enjoyed 
by native-born citizens with respect to the acquisi- 
tion, possession, enjoyment, transmission, or inherit- 
ance of property. (State v. Smith, 70 Cal. 153, 12 
Pacet21.) 


Sec. 18. Neither slavery nor involuntary servi- 


tude, unless for the punishment of crime, shall 
ever be tolerated in this state. 


SLAVERY.—Performance of work upon an assess- 
ment for repair of roads is not such involuntary 
servitude as is contemplated by this provision. (In 
re Dassler, 35 Kan. 678.) 

On this subject generally, see In re Turner, 1 Abb. 
U. S. 84; Clark’s Case, 1 Blackf. 122, 12 Am. Dee. 
213; In re Sah Quah, 31 Fed. 327; U. S. Const., art. 18. 


Sec. 19. The right of the people to be secure 
in their persons, houses, papers, and effects, 
against unreasonable seizures and searches, shall 
not be violated; and no warrant shall issue, but 
on probable cause, supported by oath or affirma- 
tion, particularly describing the place to be 
searched and the persons and things to be seized. 


SEARCH WARRANTS. — The legislature has 
power to authorize the issuance of a warrant to 
search the person of an individual in a proper case. 
(Collins v. Lean, 68 Cal. 284, 9 Pac. 173.) 

Sections 1458 to 1461 of the Code of Civil Pro- 
cedure do not violate this section. (Levy v. Superior 
Court, 105 Cal. 600, 88 Pac. 541.) 


Sec. 20. Treason against the state shall consist 
only in levying war against it, adhering to its 


5i CONSTITUTION OF 1879. Atco § 21 


enemies, or giving them aid and comfort. No 
person shall be convicted of treason unless on the 
evidence of two witnesses to the same overt act, 
or confession in open court. 


TREASON.—The constitutional definition of treason 
in the United States constitution cannot be restricted 
or extended by Congress. (United States v. Great- 
house, 2 Abb. U. S. 364; United States v. Hanway, 
2 Wall. Jr. 139.) 

As to treason against a state, see People v. Lynch, 
11 Johns. 549; Charge to Jury, 1 Story, 614. 

The constitutional requirement of two witnesses, 
ete., does not apply to the preliminary examination 
by magistrate or grand jury. (United States v. Han- 
way, 2 Wall. Jr. 188.) 


Sec. 21. No special privileges or immunities 
shall ever be granted which may not be altered, 
revoked, or repealed by the legislature; nor shall 
any citizen, or class of citizens, be granted 
privileges or immunities which, upon the same 
terms, shall not be granted to all citizens. 


EXCLUSIVE PRIVILEGES.—Under the former 
constitution, it was held that exclusive privileges and 
franchises might be conferred by the legislature 
upon persons or corporations. (California State Tel. 
Co. v. Alta Tel. Co., 22 Cal. 398.) But this decision 
was overruled in San Francisco v. Spring Valley W. 
W., 48 Cal. 493, 517. 

The legislature may deny to one man a privilege 
extended to another. The constitution is violated 
only when a privilege extended to one is denied to 
another on substantially the same facts; and whether 
the facts of a particular case constitute a proper 
exception to the general law is for the legislature to 
determine. (People v. Twelfth District Court, 17 Cal. 
547.) 


Atte ie 3:22 CONSTITUTION OF 1879. o2 
An ordinance prohibiting public laundries in desig- 

nated parts of a city is not in violation of this seec- 

tion. (In re Hang Kie, 69 Cal. 149, 10 Pac. 327.) 

An ordinance levying a license tax upon all sheep 
which are pastured in the county, except sheep listed 
as taxable property in the county, and upon which 
taxes are paid, is in violation of this section. (Las- 
sen Co. v. Cone, 72 Cal. 387, 14 Pac. 100.) 

But an ordinance requiring all persons engaged in 
the business of raising, grazing, herding, or pastur- 
ing sheep in the county to pay an annual license of 
fifty dollars for every thousand sheep is not in vio- 
lation of this provision. (Hx parte Mirande, 73 Cal. 
365, 14 Pac. 838.) 

A law providing a special method of assessment 
and collection of taxes against railroads situated in 
more than one county is not in violation of this sec- 
tion. (People v. Central Pac. R. R. Co), 105 Cal 
576, 88 Pac. 905. Overruling People v. Central Pac. 
R. R. Co., 88 Cal. 393, 23 Pac.»303,) 

An act making it a misdemeanor to keep open a 
barber-shop on Sundays or other holidays is in vio- 
lation of this section. (Hx parte Jentzsch, 112 Cal. 
468, 44 Pac. 803.) 

The Primary Election Law of 1899, which prohib- 
its the election of delegates to a convention of any 
political party not representing three per cent of the 
votes cast at the previous election, is void. (Britton 
v. Board of Election Commrs., 129 Cal. 387, 61 Pac. 
1115. Per Henshaw, J., Van Dyke, J., and McFar- 
land, J.) 

The provision of the County Government Act that 
no supplies, ete., shall be purchased for the county 
from any person who has not had a business in the 
county for a year prior to the purchase is in viola- 
tion of this section. (Van Harlingen y. Doyle, 22 
Cal. Dec. 356.) 


Sec. 22. The provisions of this constitution are 
mandatory and prohibitory, unless by express 
words they are declared to be otherwise. 


ARTICLH I. 
Suspending Prohibition Amendment. 
Section 26a (new). Should an amendment to the Constitution 01 
the State of California by adding to article I two new sections t¢/ 


and relating to Pe ciaciine AES! be enacted at the ; 
election held on Nov. 3, 1914, then the force and effect of saidl 


section 26 shall be suspended until Feb. 15, 1915, at which time 
it shall have full force and effect except that, as to the manu+ 
facture and transportation of intoxicating liquors for delivery 
points outside of the State of California only, the force and effect 
thereof shall be suspended until Jan. 1, 1916, at which time such 
manufacture and transportation also shall wholly cease and o 
and after said date said section 26 shall in all respects have full 
force and effect. (Adopted November 38, 1914.) 








Rane. Art. I~ Sec. 25. 
Right to fish upon public lands. 

Section 25 [new]. The people shall have the right to fish upon 
and from the public lands of the state and in the waters thereof, 
excepting upon lands set aside for fish hatcheries, and no land 
owned by the state shall ever be sold or transferred without 
reserving in the people the absolute right to fish thereupon; and 


no law shail ever be passed making it a crime for the people to 
enter upon the public lands within this state for the purpose of 
fishing in any water containing fish that have been planted there- 
in by the state; provided, that the legislature may by statute. 
provide for the season when and the conditions under which the 
different species of fish may be taken. [New section; adopted 
November §&8, 1910.] 








53 CONSTITUTION OF 1879. Art. I, §§ 23, 24 


MANDATORY AND PROHIBITORY.—As to the 
nieaning of this provision, see Matter of Maguire, 57 
Cal, 604. 

Notwithstanding this section, where a provision of 
the constitution js expressly made permissive, as by 
the use of the word “may,” it will not be deemed man- 
datory. (I*resno Nat. Bank vy. Superior Court, 83 Cal. 
491, 24 Pac. 157.) 

Section 5, article 11, of the constitution, is manda- 
tory. (Knight vy. Martin, 128 Cal. 245, 60 Pac. 849; 
Dwyer v.: Parker, 115 Cal. 544, 47 Pac. 372.) ; 

Section 19, article 11, of the constitution is manda- 
tory. (McDonald vy. Patterson, 54 Cal. 245; Pereria 
vy. Wallace, 129 Cal. 397, 62 Pac. 61.) 


Sec. 23. This enumeration of rights shall not 
be construed to impair or deny others retained 
by the people. 

IMPLIED RIGHTS.—The Primary Election Law 
of 1899, which allows members of one political party 
to vote for delegates to the party convention of an- 


other party, is void. (Britton v.. Board of Hlection 
Commrs., 129 Cal. 337, 61 Pac. 1115.) 


Sec. 24. No property qualification shall ever 
be required for any person to vote or hold of- 
fice. 


PROPERTY QUALIFICATION.—-This section does 
not apply to a voter in a reclamation district. (Peo- 
ple v. Reclamation Dist. No. 551, 117 Cal. 114, 48 
Pac. 1016.) 


Art. II, §4 CONSTITUTION OF 1879. 54 


ARTICLE II. 
RIGHT OF SUFFRAGE. 


1. Who are and who are not electors. 
2. Privileges of electors. 

2%. Primary elections. 

3. Militia duty, privilege of electors. 
4, Residence of voters, gained or lost. 


5. Election by ballot. 


Cr CO Yr Cr cr 


Section 1. Every native male citizen of the 
United States, every male person who shall have 
acquired the rights of citizenship under or by 
virtue of the treaty of Queretaro, and every male 
naturalized citizen thereof, who shall have be- 
come such ninety days prior to any election, of 
the age of twenty-one years, who shall have been 
resident of the state one year next preceding the 
election, and of the county in which he claims his 
vote ninety days, and in the election precinct 
thirty days, shall be entitled to vote at all elec- 
tions which are now or may hereafter be author- 
ized by law; provided, no native of China, no idiot, 
no insane person, no person convicted of any in- 
famous crime, no person hereafter convicted of 
the embezzlement or misappropriation of public 
money, and no person who shall not be able to 





(OnStHeATts at Ee Seer: 
Who may vote; who may not. 

Section 1. Every [native citizen] of the United States, [every 
person] who shall have acquired the rights of citizenship under 
or by virtue of the treaty of Queretaro, and [every naturalized] 
citizen thereof, who shall have become such ninety days prior 
to any election, of the age of twenty-one years, who shall have 
been resident of the state one year next preceding the election, 
and of the county in which he [or she] claims [his or her] vote 
minety days, and in the election precinct thirty days, shall be 
antitled to vote at all elections which are now or may hereafter 
be authorized by law; provided, no native of China, no idiot, no 
insane person, no person convicted of any infamous crime, no 
person hereafter convicted of the embezzlement or misappropri- 
ation of public money, and no person who shall not be able to 
read the constitution in the English language and write his [or 
her] name, shall ever exercise the privileges of an elector in this 
state; provided, that the provisions of this amendment relative 
to an educational qualification shall not apply to any person 
prevented by a physical disability from complying with its requisi- 
tions, nor to any person who now has the right to vote, nor 
to any person who shall be sixty years of age and upwards at 
the time this amendment shall take affect. [Amendment adopted 
October 10, 1911.] 





a CONSTITUTION OF 1879. Art. II, §1 


read the constitution in the English language 
and write his name, shall ever exercise the 
privileges of an elector in this state; provided, 
that the provisions of this amendment relative 
to an educational qualification shall not apply 
to any person prevented by a physical disability 
from complying with its requisitions, nor to any 
person who now has the right to vote, nor to any 
person who shall be sixty years of age and up- 
wards at the time this amendment shall take ef- 
fect. [Amendment adopted November 6, 1894. | 


[ORIGINAL SECTION. ] 


Section 1. Every native male citizen of the United 
States, every male person who shall have acquired 
the rights of citizenship under or by virtue of the 
treaty of Queretaro, and every male naturalized citi- 
zen thereof, who shall have become such ninety days 
prior to any election, of the age of twenty-one years, 
who shall have been a resident of the state one year 
next preceding the election, and of the county in 
which he claims his vote ninety days, and in the elec- 
tion precinct thirty days, shall be entitled to vote at 
all elections which are now or may hereafter be au- 
thorized by law; provided, no native of China, no 
idiot, insane person, or person convicted of any in- 
famous crime, and no person hereafter convicted of 
the embezzlement or misappropriation of public mon- 
ey, Shall ever exercise the privileges of an elector in 
this state. 


RIGHT OF SUFFRAGE.—When Congress admit- 
ted California as a state, the constituent members 
of the state, in their aggregate capacity, became 
vested with the sovereign powers of government ‘“‘ac- 
cording to the principles of the constitution,” and 


Art. Ti, 84 CONSTITUTION OF 1879. 56 


had the right to prescribe the qualifications of 
electors. (People v. De la Guerra, 40 Cal. 311.) 

It was no violation of the ninth article of the 
treaty of Guadalupe Hidalgo that the qualifications 
of electors, as prescribed in the constitution of Cali- 
fornia, were such as to exclude some of the inhabi- 
tants from certain political rights. (People v. De la 
Guerra, 40 Cal. 311.) 

The elective franchise is not one of the privileges 
of citizens secured by the fourteenth amendment, nor 
is the power of the state to determine the class of 
inhabitants who may vote within her limits curtailed 
by that amendment; and the only limitation con- 
tained in the fifteenth amendment is that the state 
cannot discriminate on account of race, color, or pre- 
vious condition of servitude; but the power of ex- 
clusion upon all other grounds, including that of sex, 
remains intact. (Van Valkenburg vy. Brown, 43 Cal. 
43.) 

The legislature cannot add any essential to the con- 
stitutional definition of an elector. (Bergevin Vv. 
Curtz, 127 Cal. 86, 59 Pac. 312.) 

A person may be,an elector although not a regis- 
tered voter. (Bergevin vy. Curtz, 127 Cal.. 86/599) Pac 
312.) - 

Registration is not a qualification of an elector, 
and cannot add to the qualifications fixed by the con- 
stitution; but it is to be regarded as a reasonable reg- 
ulation by the legislature for the purpose of ascer- 
taining who are qualified electors in order to prevent 
illegal voting. (Bergevin v. Curtz, 127 Cal. 86, 59 
Pac. 312.) 

A primary election is an election “authorized by 
law,” within the meaning of this section, and the pro- 
visions thereof, defining the qualifications of electors, 
are controlling in determining the right to vote at 
such elections, and such right can neither be enlarged 
nor curtailed by the legislature. (Spier v. Baker, 120 
Galic370, 52 (Pac 659.) 

A provision of the Primary Election Law that all 

native-born citizens, who since the last general elec- 
tion have become of legal age, and who have been 
legal residents of the county thirty days prior to the 
election, as well as all citizens who have become such 


57 CONSTITUTION OF 1879. Art. IT; §:2 


by naturalization since the last general election, and 
who have been residents as aforesaid, shall be en- 
titled to vote, is an enlargement of the constitutional 
right of suffrage and void. (Spier v. Baker, 120 Cal. 
370, 52 Pac. 659.) 

A provision of the Primary Election Law, that no 
person shall vote at primary elections whose name 
does not appear upon the last great register, or sup- 
plements thereto, curtails the right of suffrage, and 
is void. (Spier v. Baker, 120 Cal. 370, 52 Pac. 659.) 

This section does not apply to a voter in a recla- 
mation district. (People v. Reclamation Dist. . No. 
551, 117 Cal. 114, 48 Pac. 1016.) 

The provision of the Political Code that, when a 
voter erases the name of a candidate without sub- 
stituting another, the vote must be counted for the 
eandidate whose name is erased, unless the words 
“no vote” are written after the name erased, is not 
unconstitutional, as prescribing an educational quali- 
fication for the voter, or destroying the secrecy of the 
ballot. (Rutledge v. Crawford, 91 Cal. 526, 27 Pac. 
119) 

A person born in a foreign state, whose father was. 
once a citizen of the United States, but renounced 
his allegiance before the birth of such person, is not 
a citizen of the United States. (Browne vy. Dexter, 
66 Cal. 39, 4 Pac. 913.) 

The legislature has no power to authorize electors 
to give their votes at any place outside of the county 
or district in which they have had a legal residence 
for thirty days previous to the election. (Bourland 
v. Hildreth, 26 Cal. 161.) 

An act providing for taking the votes of the elec- 
tors of the state, who are in the military service of 
the United States, outside of the county of their legal 
residence, to be returned to the secretary of state, 
and counted in the counties of the legal residence of 
the electors, is void. (Bourland v. Hildreth, 26 Cal. 
161; Day y. Jcnes, 31 Cal. 261.) 


Sec. 2. Electors shall in all cases, except trea- 
son, felony, or breach of the peace, be privileged 
from arrest on the days of election, during their 


Art. II, §2%4 constTIruTIon oF 1879, 58 


attendance at such election, going to and return- 
ing therefrom. 


Sec. 24. The legislature shall have the power 
to enact laws relative to the election of delegates 
to conventions of political parties at elections 
known and designated as primary elections. AlI- 
so to determine the tests and conditions upon 
which electors, political parties, or organizations 
of voters, may participate in any such primary 
election, which tests or conditions may be dif- 
ferent from the tests and conditions required 
and permitted at other elections authorized by 
law; or the legislature may delegate the power 
to determine such tests or conditions, at primary 
elections, to the various political parties partici- 
pating therein. It shall also be lawful for the 
legislature to prescribe that any such primary 
election law shall be obligatory and:mandatory in 
any city, or any city and county, or in any county, 
or in any political subdivision, of a designated 
population, and that such law shall be optional 
in any city, city and county, county, or political 
subdivision of a lesser population, and for such 
purpose such law may declare the population of 
any city, city and county, county, or political sub- 
division, and may also provide what, if any, com- 
pensation primary election officers in defined 
places or political subdivisions may receive, with- 
out making compensation either general or uni- 
form. [Amendment adopted November 6, 1900. ] 


59 ; CONSTITUTION OF 1879. Art. II, §§ 3,4 


PRIMARY ELECTIONS.—Prior to the adoption of 
this amendment, three acts regulating primary elec- 
tions were passed by the legislature, each of which 
was held invalid by the supreme court. 

1. Act of 1895.—The first act on the subject was 
held invalid because it only applied to counties of 
the first and second class, and was therefore local 
and special. (Marsh v. Supervisors, 111 Cal. 368, 43 
Pac. 975.) 

2. Act of 1897.—The second act on the subject 
was held invalid on the following grounds: (a) because 
it enlarged the right of suffrage; (b) because it re- 
stricted the right of suffrage; (c) because certain 
portions of it were not expressed in the title of the 
act; (d) because it was special, in that it discrimi- 
nated in favor of and against certain classes and in- 
dividuals. (Spier vy. Baker, 120 Cal. 870, 52 Pac. 659.) 

3. Act of 1899.—The third act on the subject was 
held invalid because it permitted members of one po- 
litical party or of no party to vote for delegates to 
the party convention of another party, and thus took 
away the rights of self-control and self-preservation 
from political parties. Three of the justices (Hen- 
shaw, J., Van Dyke, J., and McFarland, J.) also held 
it invalid because it prohibited the election of dele- 
gates to a convention of any political party not rep- 
resenting three per cent. of the votes cast at the last 
election. (Britton.v. Board of Election Commrs., 129 
Cal oot, 61 Pac..1115,) 


Sec. 8. No elector shall be obliged to perform 
militia duty on the day of election, except in 
time of war or public danger. 


Sec. 4. For the purpose of voting, no person 
shall be deemed to have gained or lost a residence 
by reason of his presence or absence while em- 
ployed in the service of the United States, nor 
while engaged in the navigation of the waters 
of this state or of the United States, or of the 


At. 7135 CONSTITUTION OF 1879. -.60 


high seas; nor while a student at any seminary 
of learning; nor while kept at any almshouse or 
other asylum, at public expense; nor while con- 
fined in any public prison. 


RESIDENCE.—This provision does not preclude 
the gaining of a residence for the purpose of voting 
by soldiers, college students, or inhabitants of a vet- 
erans’ home, upon proof of their intention to acquire 
a domicile in the county of which they are inhabi- 
tants. (Stewart v. Kyser, 105 Cal. 459, 39 Pac. 19; 
People v. Holden, 28 Cal. 123.) 

Presence in the state more than six months and in 
the county more than thirty days, under orders as 
a soldier in the military service of the United States, 
does not of itself entitle a person to vote. (Devlin y. 
Anderson, 88 Cal. 92.) 

This section does not authorize an act providing 
for the taking of the votes of electors of this state, in 
the military service of the United States, outside of 
the counties of their legal residences. (Bourland vy. 
Hildreth, 26 Cal. 161; Day v. Jones, 31 Cal. 261.) 


Sec. 5. All elections by the people shall be by 
ballot * or by such other method as may be pre- 
scribed by law; provided, that secrecy in voting be 
preserved. [All after * added by amendment 
adopted November 3, 1896.] 





Article II, Section 6. 


See. 6. The inhibitions of this Constitution 
to the contrary notwithstanding, the legislature 
shall have power to provide that in different 
parts of the state different methods may be em- 
ployed for receiving and registering the will of 
the people as expressed at elections, and may 
provide that mechanical devices may be used 
within designated subdivisions of the state at the 
option of the local authority indicated by the 
legislature for that purpose. (Amendment adopt- 
ed November 4, 1902.) 





61 CONSTITUTION OF 1879. Avie Lit) :44k 


ARTICLE III. 


DISTRIBUTION OF POWERS. 

Section 1. The powers of the government of 
the state of California shall be divided into three 
separate departments—the legislative, executive, 
and judicial; and no person charged with the 
exercise of powers properly belonging to one of 
these departments shall exercise any functions ap- 
pertaining to either ot the others, except as in this 
constitution expressly directed or permitted. 


DEPARTMENTS OF GOVERNMENT.—The de- 
partments mentioned in this section are the depart- 
ments of the state government, and not the local gov- 
ernments thereafter to be created by the legislature. 
(People y. Provines, 34 Cal. 520; Staude v. Election 
Commrs.. 61 Cal. 313: Holley v. Orange Co., 106 Gal. 
420, 39 Pac. 790. Burgoyne v. Supervisors, 5 Cal. 9, 
and cases following it, overruled.) 

This provision does not place either department 
above the law, nor make either independent of the 
other. (McCauley v. Brooks, 16 Cal. 11.) 

As to how far the several departments are inde- 

pendent of each other, see People v. Twelfth District 
Court, 17 Cal. 547. 
*Legislative department.—The distinction between 
a judicial and a legislative act is, that the former - 
determines what the law is and what the rights of 
the parties are, with reference to transactions al- 
ready had, and the latter prescribes what the law 
shall be in future cases arising under it. (People v. 
Board of Education, 54 Cal. 875.) 


Constitution—6§ 


. 


Art. III, §1 CONSTITUTION oF 1879. _ 62 


Legislative power prescribes rules of conduct for 
the government of the citizen or subject, while judi- 
cial power punishes and redresses wrongs growing 
out of rules previously established. The distinction 
lies between a rule and a sentence. (Hx parte Shrad- 
er, 33 Cal. 279; Smith v. Strother, 68 Cal. 194, 8 Pac. 
852; Wulzen y. Supervisors, 101 Cal. 15, 35 Pac. 353.) 

‘The legislature cannot exercise judicial functions. 
(Guy v. Hermance, 5 Cal. 73.) 

An act providing that no injunction shall issue 
against commissioners created by the act is an exer- 
cise of judicial functions, and void. (Guy v. Her- 
mance, 5 Cal. 73.) 

The election of officers is political, and may be ex- 
ercised by both the legislative and executive branches 
of the government. (People v. Langdon, 8 Cal. 1.) 

To audit and allow the claim of a judgment credi- 
tor against a city is not the exercise of a judicial 
function. (People v. Supervisors, 11 Cal. 207.) 

The legislature may pass a special law directing a 
court to transfer an indictment for murder pending 
therein to another court for trial. (People v. Twelfth 
District Court, 17 Cal. 547.) 

An act conferring upon boards of supervisors pow- 
er to try a contest in relation to the office of county 
judge is void. (Stone v. Elkins, 24 Cal. 125.) 

An act of the legislature granting a new trial, or 
reopening a judgment in an action between individu- 
als, would be an assumption of judicial power; but 
an act allowing a judgment in favor of the state to 
be reopened would not be invalid. (People v. Fris- 
bie, 26 Cal. 185.) 

The legislature cannot by law fix the assessed val- 
ue of property. (People v. Hastings, 29 Cal. 449.) 

The legislature has no power to legalize existing 
pleadings substantially defective, without first re 
quiring them to be amended. (People v. Mariposa 
Co., 31 Cal. 196.) 

An act determining that certain trades are offen- 
sive is not an exercise of Judicial power. (Hx parte 
Shrader, 33 Cal. 279.) 

An act to validate a judgment of a court void for 

want of jurisdiction is void. (Pryor v. Downey, 50 
Cal. 388.) 


63 CONSTITUTION OF 1879. Art. III, § 1 


As to whether the sale of the property of a minor 
is a matter of judicial cognizance exclusively, see 
Paty v. Smith, 50 Cal. 153. 

An act prescribing the contents of a complaint to 
foreclose a street assessment is not a usurpation of 
judicial functions. (Whiting v. Townsend, 57 Cal. 
515.) 

The action of a board of education, in adopting a 
series of readers for the public schools, in lieu of a 
series previously in use, is an exercise of legislative 
and not judicial power. (People v. Board of Edu- 
cation, 54 Cal. 375.) 

Judicial department.—The legislature has no pow- 
er to confer other than judicial functions upon the 
courts: (Burgoyne v. Supervisors, 5 Cal. 9; Harden- 
burgh v. Kidd, 10 Cal. 402.) E 

An act authorizing the judges of the superior 
court to fix the salaries of the official reporters of the 
courts is void as imposing legislative functions upon 
the judiciary. (Smith v. Strother, 68 Cal. 194, 8 Pac. 
852.) 

But an act permitting a judge to fix the compensa- 
tion of a shorthand reporter after the services are 
rendered does not confer legislative power upon the 
judiciary. (McAllister v. Hamlin, 83 Cal. 361, 23 Pac. 
357; Stevens v. Truman, 127 Cal. 155, 59 Pac. 397.) 

An act conferring upon district judges the power 
to appoint police commissioners is not in conflict with 
this section. (Staude v. Election Commrs., 61 Cal. 
313.) 

A law providing for the change of names of cor- 
porations upon petition to the superior court is not 
unconstitutional as delegating legislative power to 
the judiciary. (Matter of La Societe Francaise, etc., 
123 Cal. 525, 56 Pac. 458.) 

The legislature cannot confer nonjudicial power up- 
on the judges of a court as commissioners, any more 
than upon the court itself. (Burgoyne v. Supervis- 
ors, 5 Cal. 9.) 

An act conferring upon the courts of sessions the 
entire management of the financial business of the 
counties is void. (Burgoyne v. Supervisors, 5 Cal. 9; 
Phelan v. San Francisco, 6 Cal. 5381; Phelan vy. San 
Francisco, 20 Cal. 39.) 


Art. III, §1 CONSTITUTION OF 1879. 64 


An act providing that the court may prescribe by 
rule what shall be deemed a waiver of a jury trial 
is in violation of this section. (EHxline y. Smith, 5 
Cal. 112.) 

The judiciary has power to examine into the action 
of the executive in surrendering a fugitive from jus- 
tice. (In re Manchester, 5 Cal. 237.) 

The legislature cannot confer upon the county 
judge power to call an election. (Dickey v. Hurl- 
burt, 5 Cal. 348.) 

An act conferring upon the county court power of 
incorporating towns is void. (People v. Nevada, 6 
Cal. 148.) 

The assessment of taxes is not a judicial, but a 
legislative, function. (Hardenburgh v. Kidd, 10 Cal. 
402.) 

The duties of a judge in a proceeding to condemn 
land are judicial. (Gilmer v. Lime Point, 18 Cal. 
229.) 

The legislature may declare the mayor of a city 
to be ex officio a justice cf the peace. (Uridias v. 
Morrill, 22 Cal. 478.) 

The chief justice of the supreme court is prohibited 
by this section from exercising the functions and du- 
ties of trustee of the state library. (People v. Sand- 
erson, 80 Cal. 160. But see People v. Provines, 34 
Cal. 520.) 

This section does not prohibit a police judge of a | 
city from performing the duties of police commis- 
sioner. (People v. Provines, 34 Cal. 520.) 

Executive department.—The power of appointment 
to office is not essentially an executive function, with- 
in the meaning of this section; and such power may 
be exercised by the members of the legislature. (Peo- 
ple vy. Freeman, 80 Cal. 233, 22 Pac. 178; People vy. 
Langdon, 8 Cal. 1.) 

The power to levy a tax is purely legislative, and 
cannot be delegated to the county superintendent of 
schools, who is an executive officer. (McCabe vy. 
Carpenter, 102 Cal. 469, 36 Pac. 836.) 

A law requiring the auditor’s certificate that there 
is Sufficient money in the treasury before an appro- 
priation is made is valid, and does not vest judicial 
functions in a ministerial officer. (Higgins v. San 


65 CONSTITUTION OF 1879. Art. III, §1 


Diego Water Co., 118 Cal. 524, 45 Pac. 824, 50 Pae. 
670; Pollok v. San Diego, 118 Cal. 5038, 50 Pac. 769.) 

A law conferring power upon city trustees to re- 
move a municipal officer is valid. (Croly v. Sacra- 
mento, 119 Cal, 229, 51 Pac. 323.) 

An act giving to horticultural commissioners pow- 
er to determine whether any particular place is a 
nuisance, because infected with insect pests, does 
not confer judicial power on such commissioners. 
(Los Angeles v. Spencer, 126 Cal. 670, 59 Pac. 202.) 

A law authorizing the high school board to furnish 
the supervisors with an estimate of the amount of the 
tax required, but leaving it to the supervisors to fix 
the tax, is not invalid as delegating legislative pow- 
ers to an executive officer. (People v. Lodi High 
School Dist., 124 Cal. 694, 67 Pac. 660. McCabe v. 
Carpenter, 102 Cal. 469, 36 Pac. 886, distinguished.) 


Art. IV CONSTITUTION OF 1879, 66 


ARTICLE IV. 
LEGISLATIVE DEPARTMENT. 


§ 1. Senate and assembly, and enacting clause. 
§ 2 Sessions of legislature. 

§ 8. Election and term of assemblymen. 

§ 4. Bilection and term of senators. | 

§ 5. Number and classes of senators. 

§ 6. Senatorial and legislative districts. 

§ 7. Organization of legislature. 

§ 8. What number constitutes a quorum. 

§ 9. Rules for their government—Expulsions. 

§ 10. Each house to keep a journal. 

§ 11. Privilege of members. 

§ 12. Vacancies, how filled. 

§ 13. Open doors and secret sessions. 

§ 14. Adjournment, how long and where to. 

§ 15. Origin and passage of bills. 

§ 16. Approval and return of bills—Passage over 


veto. 
§ 17. Impeachments, presentment and trial of. 
§ 18. What officers liable to impeachment—Judg- 
ment on. 
§ 19. Member ineligible to office created during the 
term. 
§ 20. Who ineligible to office under state govern- 
ment—Proviso. 
Embezzlement or defaleation—Penalty for. 
Public moneys and accounts—Statement of re- 
ceipts and expenditures. 


Cor Cr 
nh bd 
ant 


wf 


CONSTITUTIONAL AMENDMENTS 1910-11 


CONE eo Aart LV > SOC oL. 

Legislative power; power reserved to people; initiative and ref- 
erendum. 

Section 1. The legislative power of this state shall be vested 
in a senate and assembly which shall be designated ‘‘The legisla- 
ture of the State of California,’ [but the people reserve to them- 
selves the power to propose laws and amendments to the consti- 
tution, and to adopt or reject the same, at the polls independent 
of the legislature, and also reserve the power, at their own option, 
to so adopt or reject any act, or section or part of any act, 
passed by the jiegislature. The] enacting clause of every law 
shall be ‘‘The people of the State of [California do] enact as 
follows:”’ 

[The first power reserved to the people shall be Known as the 
initiative. Upon the presentation to the secretary of state of a 
petition certified as herein provided to have been signed by 
qualified electors, equal in number to eight per cent of all the 
votes cast for all candidates for governor at the last preceding 
general election, at which a governor was elected, proposing a law 
or amendment to the constitution, set forth in full in said peti- 
tion, the secretary of state shall submit the said proposed law 
or amendment to the constitution to the electors at the next 
succeeding general election occurring subsequent to ninety days 
after the presentation aforesaid of said petition, or at any special 
election called by-the governor in his discretion prior to such 
general election. All such initiative petitions shall have printed 

eacross the top thereof in twelve point black-face type the fol- 
lowing: ‘‘Initiative measure to be submitted directly to the 
electors.’’ 

[Upon the presentation to the secretary of state, at any time not 
less than ten days before the commencement of any regular session 
of the legislature, of a petition certified as herein provided to 
have been signed by qualified electors of the state equal in num- 
ber to five per cent of all the votes cast for all candidates for 
governor at the last preceding general election, at which a gover-~ 
nor was elected, proposing a law set forth in full in said peti- 
tion, the secretary of state shall transmit the same to the legisla: 
ture as soon as it convenes and organizes. The law proposed 
by such petition shall be either enacted or rejected without change 
or amendment by the legislature, within forty days from the time 
it is received by the legislature. If any law proposed by such 
petition shall be enacted by the legislature it shall be subject to 
referendum, as hereinafter provided. If any law so petitioned 
for be rejected, or if no action is taken upon it by the legislature 
within said forty days, the secretary of state shall submit it to 
the people for approval or rejection at the next ensuing general 


election. The legislature may reject any measure so proposed 
by initiative petition and propose a different one on the same sub- 
ject by a yea and nay vote upon separate roli call, and in such 
event both measures shall be submitted by the secretary of state 
to the electors for approval or rejection at the next ensuing gen- 
eral election or at a prior special election called by the governor, 
in his discretion, for such purpose. All said initiative petitions 
last above described shall have printed in twelve point black- 
face type the following: ‘‘Initiative measure to be presented to 
the legislature.”’ 

{The second power reserved to the people shall be Known as 
the referendum. No act passed by the legislature shall go into 
‘effect until ninety days after the final adjournment of the session 
of the legislature which passed such act, except acts calling elec- 
tions, acts providing for tax levies or appropriations for the usual 
current expenses of the state, and urgency measures necessary 
for the immediate preservation of the public peace, health or 
safety, passed by a two-thirds vote of all the members elected 
to each house. Whenever it is deemed necessary for the immedi- 
ate preservation of the public peace, health or safety that a law 
shall go into immediate effect, a statement of the facts consti- 
tuting such necessity shali be set forth in one section of the act, 
which section shall be passed only upOn a yea and nay vote, upon 
a separate roll call thereon; provided, however, that no measure 
creating or abolishing any office or changing the salary, term or 
duties of any officer, or granting any franchise or special privilege, 
or creating any vested right or interest, shall be construed to be 
an urgency measure. Any law so passed by the legislature and 
declared to be an urgency measure shall go into immediate effect. 

[Upon the presentation to the secretary of state within ninety 
days after the final adjournment of the legislature of a petition 
certified as herein provided, to have been signed by qualified 
electors equal in number to five per cent of all the votes cast for 
all candidates for governor at the last preceding general election 
at which a governor was elected, asking that any act or section 
or part of any act of the legislature, be submitted to the electors 
for their approval or rejection, the secretary of state shall sub- 
mit to the electors for their approval or rejection, such act, or 
section or part of such act, at the next succeeding general elec- 
tion occurring at any time subsequent to thirty days after the 
filing of said petition or at any. special election which may be 
called by the governor, in his discretion, prior to such regular 
election, and no such act or section or part of such act shall go 
into effect until and unless approved by a majority of the qualified 
electors voting thereon; but if a referendum petition is filed 
against any section or part of any act the remainder of such act 
shall not be delayed from going into effect. 

[Any act, law or amendment to the constitution submitted to 
the people by either initiative or referendum petition and approved 


by a majority of the votes cast thereon, at any election, shail 
take effect five days after the date of the official declaration of 
the vote by the secretary of state. No act, law or amendment to: 
the constitution, initiated or adopted by the people, shall be sub- 
ject to the veto power of the governor, and no act, law or amend- 
ment to the constitution, adopted by the people at the polls under 
the initiative provisions of this section, shail be amended or re- 
pealed except by a vote of the electors, unless otherwise provided 
in said initiative measure; but acts and laws adopted by the 
people under the referendum provisions of this section may be 
amended by the legislature at any subsequent session thereof. 
If any provision or provisions of two or more measures, approved 
by the electors at the same election, conflict, the provision or 
provisions of the measure receiving the highest affirmative vote 
shall prevail. Until otherwise provided by law, all measures sub- 
mitted to a vote of the electors, under the provisions of this sec- 
tion, shall be printed, and together with arguments for and 
against each such measure by the proponents and opponents 
thereof, shall be mailed to each elector in the same manner as 
now provided by law as to amendments to the constitution, pro- 
posed by the legislature; and the persons to prepare and present 
such arguments shail, until otherwise provided by law, be selected 
by the presiding officer of the senate. 

[lf for any reason any initiative or referendum measure, pro- 
posed by petition as herein provided, be not submitted at the 
election specified in this section, such failure shall not prevent 
its submission at .a succeeding general election, and no jaw or 
amendment to the constitution, proposed by the legislature, shall 

*be submitted at any election unless at the same election there 
shall. be submitted all measures. proposed by petition of the 
electors, if any be so proposed, as herein provided. 

[Any initiative or referendum petition may be presented in 
sections, but each section shall contain a full and correct copy 
of the title and text of the proposed measure. Each signer 
shall add to his signature his place of residence, giving the street 
and number if such exist. His election precinct shall also appear 
on the paper after his name. The number of signatures attached 
to each section shali be at the pleasure of the person soliciting 
signatures to the same. Any qualified elector of the state shall 
be competent to solicit said signatures within the county or city 
and county of which he is an elector. Each section of the peti- 
tion shali bear the name of the county or city and county in 
which it is circulated, and only qualified electors of such county 
or city and county shall be competent to sign such section. Each 
section shall have attached thereto the affidavit of the person 
soliciting signatures to the same, stating his own qualifications 
and that all the signatures to the attached section were made in 
his presence and that to the best of his knowledge and belief 
each signature to the section is the genuine signature of the 


person whose name it purports to be, and no other affidavit there- 
to shall be required. The affidavit of any person soliciting sig- 
natures hereunder shall be verified free of charge by any officer 
authorized to administer oaths. Such petitions so verified shall be 
prima facie evidence that the signatures thereon are genuine and 
that the persons signing the same are qualified electors. Unless 
and until it be otherwise proven upon official -investigation, it 
shall be presumed that the petition presented contains the signa- 
tures of the requisite number of qualified electors. 

LEach section of the petition shall be filed with the clerk or 
registrar of voters of the county or city and county in which it 
was circulated, but all said sections circulated in any county or 
city and county shail be filed at the same time. Within twenty 
days after the filing of such petition in his office the said clerk, 
or registrar of voters, shall determine from the records of registra- 
tion what number of qualified electors have signed the same, and 
if necessary the board of supervisors shall allow said clerk or 
registrar additional assistants for the purpose of examining such 
petition and provide for their compensation. The said clerk or 
registrar, upon the completion of such examination, shall forth- 
with attach to said petition, except the signatures thereto ap- 
pended, his certificate, properly dated, showing the result of said 
examination and shall forthwith transmit said petition, together 
with his said certificate, to the secretary of state and also file 
a copy of said certificate in his office. Within forty days from 
the transmission of the said petition and certificate by the clerk 
or registrar to the secretary of state, a supplemental petition 
identical with the original as to the body of the petition but 
containing supplemental names, may be filed with the clerk or 
registrar of voters, as aforesaid. The clerk or registrar of voters 
shall within ten days after the filing of such supplemental petition 
make like examination thereof, as of the original petition, and 
upon the completion of such examination shall forthwith attach 
to said petition his certificate, properly dated, showing the result 
of said examination, and shall forthwith transmit a copy of said 
supplemental petition, except the signatures thereto appended, 
together with his certificate, to the secretary of state. 

[When the secretary of state shal] have received from one or 
more county clerks or registrars of voters a petition certified as 
herein provided to have been signed by the requisite number of 
qualified electors, he shall forthwith transmit to the county clerk 
or registrar of voters of every county or city and county in the 
state his certificate showing such fact. A petition shall be deemed 
to be filed with the secretary of state upon the date of the re- 
ceipt by him of a certificate or certificates showing said petition 
to be signed by the requisite number of electors of the state. Any 
county clerk or registrar of voters shall, upon receipt of such copy, 
file the same for record in his office. The duties herein imposed 
upon the clerk or registrar of voters shall be performed by such 


registrar of voters in all cases where the office of registrar of 
voters exists. 

[The initiative and referendum powers of the people are hereby 
further reserved to the electors of each county, city and county, 
city and town of the state, to be exercised under such procedure 
as may be provided by ltaw. Until otherwise provided by law, 
the legislative body of any such county, city and county, city or 
town may provide for the manner of exercising the initiative and 
referendum powers herein reserved to such counties, cities and 
counties, cities and towns, but shall not require more than fifteen 
per cent of the electors thereof to propose any initiative measure 
nor more than ten per cent of the electors thereof to order the 
referendum. Nothing contained in this section shall be construed 
as affecting or limiting the present or future powers of cities or 
cities and counties having charters adopted under the provisions 
of section eight of article eleven Of this constitution. In the sub- 
mission to the electors of any measure under this section, all 
officers shall be guided by the general laws of this state, except 
as is herein otherwise provided. This section is self-executing, 
but legislation may be enacted to facilitate its operation, but in no 
way limiting or restricting either the provisions of this section 
or the powers herein reserved.] [Amendment adopted October 
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a. OF ~ CONSTITUTION OF 1879. Art. Ive 31 


§ 23. Compensation not to be increased during term. 

§ 24. Title of laws—Revision and amendment— 
Publication of. 

§ 25. Local and special laws prohibited. 

Lotteries prohibited—Purchase and sale of 

Shares of stock to be regulated. 

§ 27. Congressional and senatorial districts. 

§ 28. Elections by legislature to be viva voce. 

§ 29. General appropriation bill, what to contain. 

§ 30. Restriction on appropriations and grants of 
aid. : 

§ 31. Credit of state or municipalities not to be 
loaned. F 

§ 32. Extra compensation to officers forbidden. 

§ 38. Charges of gas and telegraph corporations to 
be regulated. 

§ 34. Special appropriation bill, restriction as to. 

§ 35. Lobbying defined—Punishment for. 


wr 
bo 
- 


Section 1. The legislative power of this state 
shall be vested in a senate and assembly, which 
shall be designated “The Legislature of the State 
of California,’ and the enacting clause of every 
law shall be as follows: “The People of the State 
of California, represented in Senate and Assem- 
bly, do enact as follows.” 


LEGISLATIVE POWER.—The legislature has the 
same unlimited power of legislation which resides in 
the Pritish parliament, except when restrained and 
limited either by express words of the constitution 
or by necessary implication; and its power cannot be 
restrained by any unnecessary implications. (Mitch- 
ell v. Winnek, 117 Cal. 520, 49 Pac. 579.) 

The legislature is not synonymous with the law- 
making power, and does not include the governor ex- 
cept as applied to the enactment of laws. (Brooks y. 
Fischer, 79 Cal. 178, 21 Pac. 652.) 


Art. IV, §1 CONSTITUTION OF 1879. 68 


All powers of any of the departments of the gov- 
ernment, not disposed of or distributed by the consti- 
tution, are left at the disposal of the legislature. 
(Ross v. Whitman, 6 Cal. 361.) 

The legislature is not controlled as to its powers 
or the mode of their exercise otherwise than by the 
restrictions of the constitution. (Hobart v. Supervis- 
ors, 17 Cal. 23; People v. Seymour, 16 Cal. 332.) 

The legislature represents the independent sover- 
eignty of the people of the state, and is supreme and 
unlimited in all legitimate subject matters of legis- 
lation, and is controlled only by such restrictions as 
are imposed by the organic law of the state. (Beals 
v. Amador Co., 35 Cal. 624.) 

The legislature may accept a private bounty for 
the benefit of the state, although such bounty influ- 
ences legislative action. (People v. Bigler, 5 Cal. 23.) 

The legislature has full power to alienate the tide 
lands of the state, subject only to the right of the 
public to use them for the purposes of navigation and 
fishing. (Oakland v. Oakland Water Front Co., 118 
Cal. 160, 50 Pac. 277.) 

The legislature may determine whether or not a — 
certain improvement is of a public nature, and the 
courts will not interfere with this determination, un- 
less it is palpably and entirely for private benefit. 
(In re Madera Irr. Dist., 92 Cal. 296, 28 Pac. 272; 
Hagar v. Supervisors, 47 Cal. 222. 

As to the validity of acts contrary to natural jus- 
tice, see People v. Bigler, 5 Cal. 238. 

Exercise of power.—A legislative assembly has all 
the powers and privileges which are necessary to 
the proper exercise, in all respects, of its appropriate 
functions. (Ex parte McCarthy, 29 Cal. 395.) 

The senate has power to Summon witnesses to tes- 
tify concerning a charge of bribery brought against 
its members. (Ex parte McCarthy, 29 Cal. 395.) 

The legislature may compel the attendance of all 
persons within the limits of their constituency, as 
witnesses, in regard to subjects on which they have 
power to act and into which they institute an inves- 
tigation. (Ex parte McCarthy, 29 Cal. 395.) 

Witnesses before either branch of the legislature 
may be compelled to testify by process of contempt. 
(Ex parte McCarthy, 29 Cal. 395.) 


69 CONSTITUTION OF 1879. ArcDvy?s.k 


Delegation of power.—The power to make laws 
cannot be delegated by the legislature to the people 
of the state, or to any portion of the people. (Hx 
parte Wall, 48 Cal. 279.) 

The legislature has no power to refer a statute to 
the people to decide by a popular vote whether it 
shall go into effect. (Ex parte Wall, 48 Cal. 279.) 

As to whether the legislature may confer upon the 
voters of a county directly the power to enact laws, 
questioned but not decided. (Hx parte Anderson, 22 
Cal. Dec. 377.) 

There cannot be two equal, co-ordinate law-making 
powers within the same territory, each existing with- 
out any restrictions the one upon the other; and, 
therefore, a law empowering the voters of a county 
and also the board of supervisors of the county to 
enact and repeal laws on the same subjects is in- 
valid. (Ex parte Anderson, 22 Cal. Dec. 377.) 

The legislature cannot delegate its general legis- 
lative functions, but it can authorize others to do 
those things which it cannot understandingly or ad- 
vantageously do itself. Thus, it can delegate to the 
voters of a county power to select a county seat. 
{Upham vy. Supervisors, 8 Cal. 378.) ; 

But laws may be either absolute, dependent upon 
no contingency, or subject to conditions. They may 
take effect only upon the happening of events which 
are future and uncertain, and. among others, the vol- 
untary act of the parties upon whom they are de- 
siened to operate. (Blanding v. Burr, 18 Cal. 343.) 

Thus, a provision of an act that the question of 
the issuance of bonds shall be submitted to the peo- 
ple is valid. (Blanding v. Burr, 13 Cal. 348.) 

But while a statute may be conditional, so that its 
taking effect may depend upon a subsequent event 
which may be named in it, yet this event must be 
one which shall produce such a change of circum- 
stances that the law-makers, in their own judgment, 
ean declare it wise that the law shall take effect 
when the event shall occur. (Ex parte Wall, 48 Cal. 
279.) 

An act authorizing the submission to the people of 
the question of a tax for an improvement is valid. 
(Pattison vy. Yuba Co., 13 Cal. 175.) 


ATL. «LV Sil CONSTITUTION OF 1879. 790 


The legislature may make a local law depend for 
effect upon the will of all the voters of a locality, or 
of a majority, or upon the assent of a few, as in 
the case of removal of capitols, courthouses, etec., up- 
on donations or other advantages received. (Hobart 
y. Supervisors, 17 Cal. 28. But see Dickey v. Hurl- 
burt, 5 Cal. 343, by Heydenfeldt, J.) 

The legislature cannot delegate its power to fix 
water rates. (Spring Valley W. W. v. San Francis- 
co, 61 Cal. 3.) 

An act which leaves it permissive with a board 
whether or not the work shall be done, and when 
and where taxes shall be levied for the same, is an 
unlawful delegation of legislative functions. (Per 
Mckee, J., in People v. Parks, 58 Cal. 624, 641.) 

An ordinance prohibiting the alteration or repair 
of any wooden building within certain designated 
fire limits, without permission of the fire wardens 
and approval of a majority of the committee on fire 
department and the mayor, is not an unlawful dele- 
gation of legislative functions. (Ex parte Fiske, 72 
Cal. 125, 138 Pac. 310.) 

An act providing for forming the county of Orange 
out of part of the county of Los Angeles, upon the 
assent of two-thirds of the qualified electors of the 
proposed new county, is not a delegation of legisla- 
tive power. (People v. McFadden, 81 Cal. 489, 22 
Pac. 851.) 

Municipal boards can delegate only duties minis- 
terial in character, and not calling for the exercise of 
discretion. (Holley v. Orange Co., 106 Cal. 420, 39 
Pac. 790.) 

Powers conferred upon a municipal corporation, in- 
volving the exercise of judgment and discretion. are 
in the nature of public trusts, and cannot be dele- 
gated. (Scollay v. Butte Co., 67 Cal. 249, 7 Pac. 661.) 

The legislature had power to enact the act of 1891, 
to establish law libraries, and to provide that coun- 
ties might come within the provisions of the act, as 
the boards of Supervisors of the respective counties 
might determine. (Board v. Supervisors, 99 Cal. 571, 
34 Pac. 244.) v ’ 

A provision of the County Government Act of 1883, 
that the boards of supervisors of counties of certain 


3 me CONSTITUTION OF 1879. ASU LV eee 


designated classes may allow county officers a dep- 
uty whenever in the opinion of such board the salary 
of such officers is insufficient, is an unlawful delega- 
tion of legislative power. (Dougherty v. Austin, 94 
Cal..601, 28 Pac. 884; People v. Johnson, 95 Cal. 471, 
ar Pae. 611.) 

An act providing that a board of harbor commis- 
sioners may impose penalties not exceeding five hun- 
dred dollars for the violation of the rules made by 
them is a delegation of legislative functions. (Har- 
bor Commrs. v. Redwood’ Co., 88 Cal. 491, 26 Pac. 
315.) 

The legislature cannot delegate to a board of medi- 
cal examiners the power of declaring what acts shall 
constitute a misdemeanor. (Per Paterson, J., in Ex 
parte McNulty, 77 Cal. 164, 19 Pac. 287.) 

An act authorizing a commission to make certain 
quarantine regulations, and declaring that a violation 
of them shall be a misdemeanor, is an unlawful dele- 
gation of legislative power. (Hx parte Cox, 63 Cal. 
21.) 

An act creating a state board of equalization and 
providing that such board shall determine the rate 
of taxation, is not an unlawful delegation of legis- 
lative power. (Savings ete. Soe. v. Austin, 46 Cal. 
415. But see Houghton v. Austin, 47 Cal. 646.) 

An act which submits to a popular vote of the 
electors of a county the question whether certain ter- 
ritory shall be annexed thereto is valid. (People v. 
Nally, 49 Cal. 478.) 

Police power.—The police power will not authorize 
the state to take private property for public use with- 
out compensation when such property can be con- 
demned and paid for. (People v. Hlk River etc. Co., 
107 Cal. 221, 40 Pac. 531.) 

An act making it a misdemeanor to keep open a 
barber-shop on Sundays or other holidays is unrea- 
sonable. (Hx parte Jentzsch, 112 Cal. 468, 44 Pac. 
$03.) 

The state has authority to regulate fisheries within 
its borders, and may provide the places as well as 
the times in which fish may be taken, and may make 
exclusive grants of fisheries in designated waters. 
(Heckman y. Swett, 107 Cal. 276, 40 Pac. 420.) 


Art: 1V, $4 CONSTITUTION oF 1879. 2 


An act. providing for a bounty on coyote scalps 
comes within the purview of the police power. (In- 
gram v. Colgan, 106 Cal. 118, 38 Pac. 315, 39 Pac. 
437.) 

A law making it a felony to sell intoxicating liquor 
to an Indian is valid. (People v. Bray, 105 Cal. 344, 
38 Pac. 781.) 

It is within the police power of the state in the 
protection of the wild game of the state to prohibit 
the sale of the meat of any wild game within the 
state. (Hx parte Maier, 103 Cal. 476, 37 Pac. 402.) 

It is not competent for the legislature to vest in 
an adjoining proprietor the power to prevent his 
neighbor from building such structure on his own 
land as he pleases, provided it is not a nuisance; and 
it is not a nuisance merely because it obstructs the 
passage of light and air. But the legislature may 
regulate the erection of division walls on the division 
line. (Western ete. Co. v. Knickerbocker, 103 Cal. 
£11. 37%, Paend 02) 

An act to prohibit Chinese persons from coming 
into the state, and prescribing terms and conditions 
upon which those residing in the state shall be per- 
mitted to remain and travel therein, is void. (Ex 
parte Ah Cue, 101 Cal. 197, 35 Pac. 556.) 

The act of 1891, permitting the organization and 
creation of sanitary districts, is within the police 
power of the state. (Woodward v. Fruitvale Sani- 
tary Dist., 99 Cal. 554, 34 Pac. 239.) 

An act forbidding the sale of liquors within cer- 
tain distances of certain named educational and re- 
formatory institutions is a valid police regulation. 
(Hx parte McClain, 61 Cal. 486.) 

It is within the police power of the state to au- 
thorize the channel of a river to be turned or straight- 
ened. (Green vy. Swift, 47 Cal. 536.) 

The legislature has no power to declare that a 
physician is guilty of unprofessional conduct in ad- 
vertising himself as a specialist in certain diseases, 
and punishable as for a misdemeanor. (Per Thorn- 
ton, J., in Ex parte McNulty, 77 Cal. 164, 19 Pac. 
237.) 


Const: Art. IV, Sec.. 2. 
Sessions of the legislature. 

Section 2. The sessions of the legislature [shall be biennial,] 
unless the governor shall, in the interim, convene the legislature, 
by proclamation, [in extraordinary session. All sessions, other 
than extraordinary, shall commence at-twelve o’clock M., on the 
first Monday after the first day of January next succeeding the 
election of its members, and shall continue in session for a period 
not exceeding thirty days thereafter; whereupon a recess of both 
houses must be taken for not iess than thirty days. On the re- 
assemblirig of the legislature, no bill shall be introduced in either 
house without the consent,of three fourths of the members there- 
of, nor shall more than two bills be introduced by any one mem- 


ber after such reassembliing.] {Amendment adopted October 10, 
1911.] 











* 
i H 
4 rs - 


73 CONSTITUTION OF 1879. Art. IV, §§ 2,3 | 


Sec. 2. The sessions of the legislature shall 
commence at twelve o'clock M. on the first Mon- 
day after the first day of January next succeeding 
the election of its members, and, after the elec- 
tion held in the year eighteen hundred and eighty, 
shall be biennial, unless the governor shall, in the 
interim, convene the legislature by proclamation. 
No pay shall be allowed to members for a longer 
time than sixty days, except for the first session 
after the adoption of this constitution, for which 
they may be allowed pay for one hundred days. 
And no bill shall be introduced, in either house, 
after the expiration of ninety days from the com- 
mencement of the first session, nor after fifty 
days after the commencement of each succeeding 
session, without the consent of two-thirds of the 
members thereof. 


INTRODUCTION OF BILLS.—After the fifty days 
within which bills may be introduced have expired, 
a bill previously introduced may be amended in the 
same manner as before, and several bills may be con- 
solidated in the form of a substitute. (Hale v. Me- 
Gettigan, 114 Cal. 112, 45 Pac. 1049.) 

If the legislative journals are silent upon the ob- 
servance of any constitutional requirement as to the 
passage of bills, it cannot be assumed that such re- 
quirement was omitted by the legislature. (Hale v. 
McGettigan, 114 Cal. 112, 45 Pac. 1049.) 


Sec. 3. Members of the assembly shall be elected 
in the year eighteen hundred and seventy-nine, 
at the time and in the manner now provided by 


law. The second election of members of the 
Constitution—7 


Art. IV, §§ 4,5 CONSTITUTION oF 1879. 74 


assembly, after the adoption of this constitution, 
shall be on the first Tuesday after the first Mon- 
day in November, eighteen hundred and eighty. 
Thereafter, members of the assembly shall be 
chosen biennially, and their term of office shall 
be two years; and each election shall be on the 
first Tuesday after the first Monday in November, 
unless otherwise ordered by the legislature. 


Sec. 4. Senators shall be chosen for the term 
of four years, at the same time and places as 
members of the assembly, and no person shall be 
a member of the senate or assembly who has not 
been a citizen and inhabitant of the state three 
years, and of the district for which he shall be 
chosen one year, next before his election. 

MEMBERS.—-A person properly qualified when 
elected to the senate does not forfeit his office by the 
redistricting of the state, leaving the person outside 


of the district which he represents. (People vy. Mark- 
ham, 96 Cal. 262, 31 Pac. 102.) 


Sec. 5. The senate shall consist of forty mem- 
bers, and the assembly of eighty members, to be 
elected by districts, numbered as hereinafter pro- 
vided. ‘The seats of the twenty senators elected 
in the year eighteen hundred and eighty-two from 
the odd-numbered districts shall be vacated at the 
expiration of the second year, so that one-half of 
the senators shall be elected every two years; pro- 
vided, that all the senators elected at the first elec- 


7D . CONSTITUTION OF 1879. Art. IV, §6 


tion under this constitution shall hold office for 
the term of three years. 


TERM OF OFFICE.—The seats of the twenty sen- > 
ators elected in 1882, from the districts designated in 
the act of 1874 by odd numbers, became vacant at the 
expiration of the second year, and their successors 
were required to be elected from the same districts 
for the term of two years. (McPherson v. Bartlett, 
65 Cal. 577, 4 Pac. 582.) 

Sec. 6. For the purpose of choosing members 
of the legislature, the state shall be divided into 
forty senatorial and eighty assembly districts, as 
nearly equal in population as may be, and com- 
posed of contiguous territory, to be called sena- 
torial and assembly districts. Each senatorial 
district shall choose one senator, and each as- 
sembly district shall choose one member of assem- 
bly. The senatorial districts shall be numbered 
from one to forty, inclusive, in numerical order, 
and the assembly districts shall be numbered from 
one to eighty, in the same order, commencing at 
the northern boundary of the state, and ending 
at the southern boundary thereof. In the forma- 
‘tion of such districts, no county, or city and 
county, shall be divided, unless it contain suffi- 
cient population within itself to form two or 
more districts; nor shall a part of any county, or 
of any city and county, be united with any other 
county, or city and county, in forming any dis- 
trict. The census taken under the direction of 
the Congress of the United States, in the year 


Art. 1Vi.5:6 CONSTITUTION oF 1879. * 76 


one thousand eight hundred and eighty, and every 
ten years thereafter, shall be the basis of fixing 
.and adjusting the legislative districts; and the 
legislature shall, at its first session after each 
census, adjust such districts and reapportion the 
representation so as to preserve them as near equal 
in population as may be. But in making such 
adjustment no persons who are not eligible to 
become citizens of the United States, under the 
naturalization laws, shall be counted as forming 
a part of the population of any district. Until 
such districting as herein provided for shall be 
made, senators and assemblymen shall be elected 
by the districts according to the app gr ee 
now provided for by law. 


LEGISLATIVE DISTRICTS.—The legislature may 
join two counties in one assembly district. (People 
v. Hill, 7 Cal. 97.) 

The term of members of the senate is not affected 
by the fact that after their election the state is so 
redistricted that some counties in the newly formed 
districts will have double representation and others 
will be deprived of their fair and equal representa- 
tion. (People v. Pendegast, 96 Cal. 289, 31 Pac. 108.) 

Where the first legislature, whose duty it is to pro- ~ 
vide for the apportionment, fails to do so, the duty 
devolves upon each succeeding legislature until it is 
performed. (People v. Rice, 185 N. Y. 478, 31 N. EH. 
921.) 

The legislature cannot be compelled to make an 
apportionment. (In re State Census, 62 N. W. 129.) 

The apportionment must be according to popula- 
tion, but mathematical exactness is not required. 
(People v. Thompson, 155 Ill. 451; Parker vy. State, 
133 Ind. 178; Prouty v. Stover, 11 Kan. 235; Opinion 
of Justices, 18 Me. 458; Giddings v. Blacker, 92 Mich. 


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V7 CONSTITUTION OF 1879. Art. IV, §7 


638; People v. Broome, 20 N. Y. Supp. 470; People v. 
Board of Aldermen, 14 Misc. Rep. 105; People v. Rice, 
135 N. Y. 473; Matter of Baird, 142 N. Y. 523; Matter 
of Whitney, 75 Hun, 581; State v. Dudley, 1 Ohio St. 
437; State v. Cunningham, 81 Wis. 440.) 

If the apportionment is made in the exercise of a 
fair and honest discretion so as to preserve, as nearly 
as may be, equality of representation, it cannot be 
overthrown because not mathematically equal; but if 
the apportionment does not give substantially just 
and equal representation to the people of each coun- 
ty, it cannot be sustained. (Ballentine v. Willey, 2 
Idaho. 1208; Prouty v. Stover, 11 Kan. 235; People v. 
Thompson, 155 Ill, 451; People v. Broome, 20 N. Y. 
Supp. 470; People v. Rice, 185 N. Y. 473; Smith v. 
St. Lawrence Co., 148 N. Y. 187; State v. Cunning- 
ham, 83 Wis. 90.) 

While this section provides that persons who are 
not eligible to become citizens of the United States 
shall not be counted in making the apportionment, 
an apportionment is not necessarily invalid because 
they are counted. (Matter of Whitney, 142 N. Y. 531; 
People v. Rice, 185 N. Y. 473; Matter of Whitney, 75 
Hun, 581.) 

This section requires that the districts shall be 
composed of contiguous territory, and, while the leg- 
islature has some discretion in this matter, if it has 
been wholly ignored, the apportionment is void. 
(People v. Thompson, 155 Ill. 451; State v. Cunning- 
ham, 83 Wis. 90.) 

As to what territory is ‘“‘contiguous,” see Houghton 
Co. v. Blacker, 92 Mich. 638; Parker v. State, 133 Ind. 
178; People v. Thompson, 155 Ill. 451. 

Under this section a county cannot be divided, un- 
less it contains sufficient population to make two or 
more districts. (Ioughton Co. v. Blacker, 92 Mich. 
638; State v. Cunningham, 81 Wis. 440; People v. 
Board of Aldermen, 89 Hun, 460.) 


Sec. %. Hach house shall choose its officers, and 
judge of the qualifications, elections, and returns 
of its members. 


A.C. MeComisi; 


Attorney. at. a W. 


ie 


Art. EV, &8 CONSTITUTION OF 1879. 78 


QUALIFICATIONS OF MEMBERS.—Whether a 
senator has been regularly elected is a question ex- 
clusively for the senate. (Anonymous, 12 Fla. 686.) 

The house is to judge of the election of its mem- 
bers, and the returns are only prima facie evidence of 
election. (Chrisman y. Anderson, 2° Cong. El. Cas. 
328; Spaulding v. Mead, 1 Cong. El. Cas. 157.) 

The refusal of the executive of a state to grant a 
certificate of election will not prejudice the right to 
a seat. (Richard’s Case, Clark & H. 95; Clement’s 
Case, Cong. El. Cas. 1864-65, 366.) 

The qualifications of members being fixed by the 
constitution, additional ones cannot be required by 
the legislature. (Barney v. McCreery, 1 Cong. EI. 
Cas. 167; Turney v. Marshall, 2 Cong. El. Cas. 167; 
Trumbull’s Case, 2 Cong. El. Cas. 618.) 

While the jurisdiction conferred by this provision 
upon the legislature is exclusive of the jurisdiction 
of the courts, the canvassers may be compelled by 
mandamus to conduct the canvass and declare the 
result, thus giving the person holding the certificate 
the prima facie right to the seat. (O’Ferrall v. Colby, 
2 Minn. 180.) 

As to the qualifications of members of inferior 
legislative bodies, see People v. Bingham, 82 Cal. 
238, 22 Pac. 1039. 


Sec. 8. A majority of each house shall con- 
stitute a quorum to do business, but a smaller 
number may adjourn from day to day, and may 
compel the attendance of absent members in such 
manner, and under such penalties, as each house 
may provide. | 


QUORUM.-—A rule providing that “on demand of 
any member, or at the suggestion of the speaker, the 
names of members sufficient to make a quorum in 
the hall of the house who do not vote shall be noted 
by the clerk and recorded in the journal, and reported 
to the speaker with the names of the members vot- 
ing, and be counted and announced in determining 
the presence of a quorum to do business,” is a con- 


TQ CONSTITUTION OF 1879. Art. IV, §§$ 9,10 


stitutional mode of ascertaining the presence of a 
quorum. (United States v. Ballin, 144 U. S. 1.) 


Sec. 9. Hach house shall determine the rule of 
its proceeding, and may, with the concurrence of 
two-thirds of all the members elected, expel a 
member. 


EXPULSION OF MEMBERS.—A -member may 
be expelled for any misdemeanor which, though not 
punishable by statute, is inconsistent with the trust 
and duty of a member. (Smith’s Case, 1 Hall Law J. 
459.) 

As to the power to punish for contempt, see note 
to section 1 of this article. 


Sec. 10. Each house shall keep a journal of its 
proceedings, and publish the same, and the yeas 
and nays of the members of either house, on any 
question, shall, at the desire of any three members 
present, be entered on the journal. 


JOURNALS.—A journal is a public record, of which 
courts may take judicial notice. (Brown v. Nash, 1 
Wyo. 85.) 

The journal cannot be kept secret unless the pro- 
ceedings are secret. The holding of a secret session 
by either house is in its discretion. (Nugent’s Case, 
PNA ks oeks,. IN. ., 139.) 

The journals required by law to be kept are a rec- 
ord of the proceedings of the houses of the legis- 
lature, and so intended. They are, to all intents and 
purposes, records made in pepetuam memoricm rei, 
there entered. (Oakland Pav. Co. v. Hilton, 69 Cal. 
494.) 

The decisions in the various states are conflicting 
as to how far, if at all, the journals of the legisla- 
ture*may be resorted to in order to determine whether 
. or not an act was properly passed; but in this state 
it is held that the validity of a statute, which has 
been duly certified, approved, enrolled, and deposited 


Art. IV, §§ 11,12 cONSTITUTION OF 1879. — 80° 
in the office of the secretary of state, cannot be im- 
peached by a resort to the journals of the legislature. 
(Yolo Co. v. Colgan, 132 Cal. 265, 64 Pac. 403; People 
v. Harlan, 21 Cal. Dec. 698.) 


Sec. 11. Members of the legislature shall, in 
all cases, except treason, felony, and breach of the 
peace, be privileged from arrest, and shall not be 
subject to any civil process during the session of 
the legislature, nor for fifteen days next before 
the commencement and after the termination of 
each session. 


PRIVILEGE FROM ARREST.—Arrest implies cor- 
porate restraint. (Wooley v. Butler, 1 Bank. L. T. 35.) 

This privilege extends to judicial as well as mesne 
process, and a person arrested is entitled to his dis- 
charge on the privilege afterward acquired. (Coxe 
v. McClenachan, 3 Dall. 478; Nones v. Edsall, 1 Wall. 
Jr. 189.) 

There is no privilege from the service or obligation 
of a subpoena in a criminal case. (United States vy. 
Cooper, 4 Dall. 341.) 

Members are privileged not only from arrest, but 
also from a service of Summons or other civil pro- 
cess while in attendance on their public duties. (Coxe 
v. McClenachan, 3 Dall. 478; Geyer v. Irwin, 4 Dall. 
107; Nones v. Edsall, 1 Wall. Jr. 191.) 


. See. 12. When vacancies occur in either house, 
the governor, or the person exercising the func- 
tions of the governor, shall issue writs of election 
to fill such vacancies. 


VACANCIES may be created by death, resignation, 
or removal, or by the acceptance of an incompatib’e 
office. (People vy. Carrique, 2 Hill, 98; Powell v. 
Wilson, 16 Tex. 60; Biencourt v. Parker, 27 Tex. 562.) 

A resignation sent to the governor of a state is — 
sufficient. (Hdward’s Case, Clark & H. 92; Mercer's 
Case, Clark & H. 44; Bledsoe’s Case, Clark & H. 869.) 


81 CONSTITUTION OF 1879. Art. IV, §§ 138-15 


The executive may issue writs for a new election 
without waiting to be informed by the house that 
a vacancy exists. (Mercer’s Case, Clark & H. 44.) 


Sec. 13. The doors of each house shall be open, 


except on such occasions as, in the opinion of the 
house, may require secrecy. 


Sec. 14. Neither house shall, without the con- 
sent of the other, adjourn for more than three 
days, nor to any place other than that in which 
they may be sitting. Nor shall the members of 
either house draw pay for any recess or adjourn- 
ment for a longer time than three days. ; 


ADJOURNMENT.—An adjournment of the house 
for more than three days without the concurrence 
of the senate does not ipso facto work a dissolution 
of the general assembly. (West Phil. Pass. R.’R. Co. 
v. Union Pass. R. Co., 4 Leg. Gaz. 198, 29 Leg.-Int. 
196.) 

Sec. 15. No law shall be passed except by bill. 
Nor shall any bill be put upon its final passage 
until the same, with the amendments thereto, 
shall have been printed for the use of the mem- 
bers; nor shall any bill become a law unless the 
same be read on three several days in each house, 
unless, in case of urgency, two-thirds of the 
house where such bill may be pending shall, by a. 
vote of yeas and nays, dispense with this provision. 
Any bill may originate in either house, but may 
be amended or rejected by the other; and on the 
final passage of all bills they shall be read at 
length, and the vote shall be by yeas and nays 


Art. IV, §16 CONSTITUTION OF 1879. ; 82 


upon each bill separately, and shall be entered 
on the journal; and no bill shall become a law 
without the concurrence of a majority of the 
members elected to each house. 


PASSAGE OF BILLS.—The word “read” is used in . 
this section in its popular, and not in its technical, 
sense, and means read at length, and not read as 
is usual in parliamentary bodies. (Weill v. Kenfield, 
54 Cal. 111.) 

It is not essential to the validity of a statute that 
it should affirmatively appear from the legislative 
journals that every act required by the constitution 
to be done in the enactment of a law has been done; 
nor will it be presumed, in the absence of a show- 
ing, that such acts were not done. (People v. Dunn, 
80 Cal. 211, 22 Pac. 140; Hale v. McGettigan, 114 
Cal. 112, 45 Pac. 1049.) 

If an act is properly enrolled and authenticated, 
and is deposited with the secretary of state, it is 
conclusive evidence of the legislative will, and courts 
will not look into the journals of the legislature to 
see whether or how the bill passed. (People v. Burt, 
43 Cal. 560; Yolo Co. v.. Colgan, 182 Cal. 265, 64 Pac. 
403; People v. Harlan, 21 Cal. Dec. 698.) 

A resolution adopted by a two-thirds vote, declar- 
ing that a number of specified bills ‘‘present cases 
of urgency,’ and that the provision of the constitu- 
tion “‘requiring that the bill be read on three separate 
days in each house is hereby dispensed with,” is 
sufficient, and it is not objectionable on the ground 
that it includes more than one bill. (People v. Glenn 
Co., 100 Cal. 419, 35 Pac. 302.) 

The fact that several of the senators who voted to 
declare a bill a case of urgency afterward voted 
against the bill is immaterial. (People v. Glenn Co., 
100 Cal. 419, 35 Pac. 302.) 


Sec. 16. Every bill which may have passed the 
legislature shall, before it becomes a law, be 
presented to the governor. If he approve it, he 


83 CONSTITUTION OF 1879. Art. IV, § 16 


shall sign it; but if not, he shall return it, with 
his objections, to the house in which it originated, 
which shall enter such objections upon the journal 
and proceed to reconsider it. If, after such re- 
consideration, it again pass both houses, by yeas 
‘and nays, two-thirds of the members elected to 
each house voting therefor, it shall become a 
law, notwithstanding the governor’s objections. 
If any bill shall not be returned within ten days 
after it shall have been presented to him (Sundays 
excepted), the same shall become a law in like 
manner as if he had signed it, unless the legis- 
lature, by adjournment, prevents such return, in 
which case it shall not become a law, unless the 
governor, within ten days after such adjournment 
(Sundays excepted), shall sign and deposit the 
same in the office of the secretary .of state, in 
which case it shall become a law in like manner 
as if it had been signed by him before adjourn- 
ment. If any bill presented to the governor con- 
tains several items of appropriation of money, 
he may object to one or more items, while ap- 
proving other portions of the bill. In such case 
he shall append to the bill, at the time of sign- 
ing it, a statement of the items to which he ob- 
jects, and the reasons therefor, and the appro- 
priation so objected to shall not take effect unless 
passed over the governor’s veto, as hereinbefore 
provided. If the legislature be in session, the 
governor shall transmit to the house in which 


Art. IV, § 17. CONSTITUTION OF 1879. 84 


the bill originated a copy of such statement, and 
the items so objected to shall be separately re- 
considered in the same manner as bills which have 
been disapproved by the governor. 


APPROVAL BY THE GOVERNOR.—The day 
upon which the bill is presented to the governor should - 
be excluded. (Price v. Whitman, 8 Cal. 412; Iron 
Mountain Co. v. Haight, 39 Cal. 540.) 

In People v. Whitman, 6 Cal. 659, it was held that 
only where the last day fell upon a Sunday should 
Sundays be excepted in making the computation; but 
this case was overruled in the case of Price v. 
Whitman, 8 Cal. 412, it having been decided upon 
an error in the printed copy of the constitution, the 
word “Sundays” being used in the singular. 

A law is not finally passed until it is approved 
by the governor and transmitted by him to the sec- 
retary of state. (Davis v. Whidden, 117 Cal. 618, 49 
Pac. 766.) 

Where inconsistent acts are approved on the same 
day, it is to be presumed that they were published 
in the chronological order of their approval; but the 
court will take judicial notice of the time of the 
approval of each act, and may resort to the office 
of the secretary of state to learn the exact time 
thereof. (Davis v. Whidden, 117 Cal. 618, 49 Pac. 
766.) 

Where an act purports to have been approved by 
the governor on the last day of the session, parol 
evidence is admissible to show that in fact it was 
approved on the succeeding day. (Fowler v. Peirce, 
2 Cal. 165.) 

Where a Statute is declared to take effect from 
and after its passage, it takes effect at the very 
moment of its approval by the et! (People v. 
Clark, 1 Cal. 406.) ~ 

An act approved by the governor ates the adjourn- 
ment of the legislature was void under the former 
constitution. (Fowler v. Peirce, 2 Cal. 165.) 


Sec. 17%. The assembly shall have the sole 
power of impeachment, and all impeachments 


~~ 





Canst. Art. LV, Sec. 18. 
Officers subject to impeachment. 

Section 18. The governor, lieutenant governor, secretary of state, 
controjler, treasurer, attorney general, surveyor general, chief 
justice and associate justices of the supreme court, [judges of the 
district court of appeal,] and judges of the superior courts, shall 
be liable to impeachment for any misdemeanor in office; but 


judgment in such cases shall extend only to removal from office, 
and disqualification to hold any office of honor, trust, or profit 
under the state; but the party convicted or acquitted shall never- 
theless be liable to indictment, trial, and punishment according 
to law. All other civil officers shall be tried for misdemeanor in 
office in such manner as the legislature may provide. [Amendment 
adopted October 10, 1911.] 





c 
+ 





85 CONSTITUTION OF 1879. Art. IV, § 18 


shall be tried by the senate. When sitting for 
that purpose, the senators shall be upon oath or 
affirmation, and no person shall be convicted with- 
out the concurrence of two-thirds of the members 
elected. | 

IMPEACHMENT.—A member of the house voting 
for the prosecution of an impeachment is not thereby 
rendered disqualified, if subsequently elected to the 
senate, from sitting on a trial thereof. (Addison’s 
Trial, 21-28; Porter’s Trial, 53.) 

All the functions of the governor are entirely sus- 


pended during his trial. (Opinion of Judges, 3 Neb. 
464.) 


Hor an impeachment to be effectual, the articles 
must be presented to the senate, and a constitutional 
quorum of the entire membership -must receive it. 
(Executive Communication, 12 Fla. 653. 


Sec. 18. The governor, lieutenant-governor, 
secretary of state, controller, treasurer, attorney 
general, surveyor general, chief justice and as- 
sociate justices of the supreme court, and judges 
of the superior courts, shall be liable to impeach- 
ment for any misdemeanor in office; but judg- 
ment in such cases shall extend only to removal* 
from office, and disqualification to hold any office 
of honor, trust, or profit under the state; but 
the party convicted or acquitted shall nevertheless 
be liable to indictment, trial, and punishment 
according to law. All other civil officers shall be 
tried for misdemeanor in office in such manner 
as the legislature may provide. 

REMOVAL OF OFFICERS.—This section gives to 


the legislature power to provide for the removal of 
* Constitution—§ 


Art. LV, §19 coNSTITUTION OF 1879. . YRS 


officers without a jury trial. (Woods v. Varnum, 85 
Cal. 639, 24 Pac. 848.) 

The supreme court has no jurisdiction of an ap- 
peal from a judgment in a proceeding under sec- 
tion 772 of the Penal Code for the removal of pub- 
lic officers, the legislature not having provided for 
such jurisdiction. (In re Curtis, 108 Cal. 661, 41 Pac. 
793.) 

The act of 1853 entitled “An act to prevent ex- 
tortion in office and to enforce official duty,” held 
valid. (Matter of Marks, 45 Cal. 199.) 

While the constitution has provided for the im- 
peachment of certain officers, it has left all other 
civil officers to be tried for misdemeanors in such 
manner as the legislature may provide. (Matter of 
Marks, 45 Cal. 199.) 

A presiding judge is liable to impeachment for 
preventing an associate judge from delivering his 
opinion to a grand or petit jury upon a matter before 
the court. (Addison’s Trial, 114, 151; Commonwealth 
v. Addison, 4 Dall. 225; Porter’s Trial, 61.) 


Sec. 19. No senator or member of assembly 
shall, during the term for which he shall have 
been elected, be appointed to any civil office of 
profit. under this state which shall have been 
created, or the emoluments of which have been 
increased, during such term, except such offices 
as may be filled by election by the people. 


OFFICES.—This section does not inhibit the ap- 
pointment of a member of the legislature to the of- 
fice of harbor commissioner, which office was not 
ereated, nor the emoluments thereof increased, dur- 
ing his term of office—the method of filling, the duties 
and functions of the office alone being changed. (Peo- 
ple v. Burns, 53 Cal. 660.) 

This section does not disqualify a member of the 
legislature from holding an office, the emoluments of 
which are increased during his legislative term, but 
after his election to such office. (State v. Boyd, 21 
Wis. 208.) 


87 CONSTITUTION OF 1579. Art. IV, § 20 


Sec. 20. No person holding any lucrative office 
under the United States, or any other power, 
shall be eligible to any civil office of profit under 
this state; provided, that officers in the militia, 
who receive no annual salary, local officers, or 
postmasters whose compensation does not exceed 
five hundred dollars per annum, shall not be 
deemed to hold lucrative offices. 


OFFICE OF PROFIT.—The words “lucrative of- 
fice” in the proviso of this section refer solely to 
the office under the United States; and if the salary 
of that office exceeds five hundred dollars per an- 
hum, its incumbent cannot hold any civil office of 
profit under the state, notwithstanding the profit of 
the state office is less than five hundred dollars per 
annum. (People v. Leonard, 73 Cal. 280, 14 Pac. 853.) 
The federal office of surveyor general is a “lucrative 

office,’’ and the office of controller of state an ‘“‘office 
of profit.” (People v. Whitman, 10 Cal. 38.) 

The office of school superintendent of a county is 
a civil office. (Crawford v. Dunbar, 52 Cal. 36.) 

The office of inspector of customs in a collection 
district, to which there is annexed a salary of one 
thousand dollars per annum, is a lucrative office. 
(Crawford v. Dunbar, 52 Cal. 36.) 

To constitute a holding, the officer must be ap- 
pointed and qualify by giving a bond and taking 
the oath of office; and one who has not so qualified 
under a federal appointment is eligible to office in 
this state. (People v. Whitman, 10 Cal. 38.) 

This section applies to incumbents de facto of a 
lucrative office. (Crawford v. Dunbar, 52 Cal. 36.) 

This section refers to the power to hold as well 
as to be elected to office; consequently, a person 
duly eligible and elected to a civil office of profit 
under the state cannot hold the ofiice after he has 
accepted a lucrative federal office. (People v. Leon- 
ard, 73 Cal. 230, 14 Pac. 853.) 

“Bligible’ means capable of being chosen—the sub- 
ject of selection or choice; and ‘‘compensation’” means 


Art. IV, §§ 21,22 consriruTion or 1879. — =88 


the income of the office, not its profits. (Searcy v. 
Grow, 15 Cal. 117.) 


If a member at the time of his eiecttan hold a - 


disqualifying office, it is suflicient that he quality 
liimself by a resignation of it before he is sworn in. 
(Commonwealth vy, Pyle, 18 Pa. St. 519.) 

The appointment to a second incompatible office is 
not absolutely void, but the first office is ipso facto 
vacated. (People v. Carrique, 2 Hill, 93; Biencourt 
v. Parker, 27 Tex. 558.) 

A person holding two compatible offices is not pre- 
cluded from holding the salaries of both. (Converse 
v. United States, 21 How. 463; Brown’s Case, 9 Op. 
Atty. Gen. 508.) 


Sec. 21. No person convicted of the embezzle- 
ment or defalcation of the public funds of the 
United States, or of any state, or of any county 
or municipality therein, shall ever be eligible to 
any office of honor, trust, or profit under this 
state, and the legislature shall provide, by law, 
for the punishment of embezzlement or defalca- 
tion as a felony. 


Sec. 22. No money shall be drawn from the 
treasury but in consequence of appropriations 
made by law, and upon warrants duly drawn 
thereon by the controller; and no money shall 
ever be appropriated or drawn from the state 
treasury for the use or benefit of any corporation, 
association, asylum, hospital, or any other in- 
stitution not under the exclusive management and 
control of the state as a state institution, nor shall 
any grant or donation of property ever be made 
thereto by the state; provided, that notwithstand- 


CONSTITUTIONAL AMENDMENTS 1910-11 


Const.: Art. IV, Sec, 22. 

Money, how appropriated; how drawn. 

Section 22. No money shall be drawn from the treasury but 
in consequence of appropriations made by law, and upon warrants 
duly drawn thereon by the controller; and no money shall ever 
be appropriated or drawn from the state treasury for the purpose 
or benefit of any corporation, association, asylum, hospital, or 
any other institution not under the exclusive management and 
control of the state as a state institution, nor shall any grant or 
donation of property ever be made thereto by the state; provided, 
that nothwithstanding anything contained in this or any other 
section of this constitution,: the legislature shall have the power 
to grant aid to the institutions conducted for the support and 
maintenance of minor orphans, or half orphans, or abandoned 
children, or aged persons in indigent circumstances—such aid to 
be granted by a uniform rule, and proportioned to the number of 
inmates of such respective institutions; provided, further, that 
the state shall have at any time the right to inquire into the 
management of such institution; provided, further, that when- 
ever any county, or city and county, or city, or town, shall pro- 
vide’ for the support of minor orphans, or half orphans, or 
abandoned children, or aged persons in indigent circumstances, 
such county, city and county, city, or town shall be entitled to 
receive the same pro rata appropriations as may be granted to 
such institutions under church or other control. ‘An accurate 
statement of the receipts and expenditures of public moneys shall 
be attached to and published with the laws at every regular 
session of the legislature. > 

[Provided, however, that for the purpose of raising five million 
dollars ($5,000,000), to be used in establishing, maintaining, and 
supporting in the city and county of San Francisco, State of 
California, an exposition in commemoration of the completion of 
the Panama canal, to be Known as the Panama Pacific Interna- 
tional Exposition, the state board of equalization shall, for the 
fiscal year beginning July 1, 1911, and for each fiscal year there- 
after, to and including the fiscal year beginning July 1, 1914, fix, 
establish, and levy such an ad valorem rate of taxation, as when 
levied upon all the taxable property in the state, after making 
due allowance for delinquency, shall produce for each of such 
fiscal years a sum of one million two hundred and fifty thousand 
dollars ($1,250,000). The said taxes shall be levied, assessed, and 
collected upon every kind and character of property in the State 
of California not exempt from taxation under the law, and subject 
to taxation on the 1st day of July, 1910, and in the same manner, 
and by the same method, as other state taxes were levied, assessed, 
and collected under the law, as the same existed on the 1st day 
of July, 1910. The state board of equalization shall each year, at 
the time it determines the amount of revenue required for other 


state purposes, determine, fix, and include the rate of tax eaay 
to raise the revenue herein provided for. 

[There is hereby created in the state treasury a. fund to be 
Known as the Panama Pacific International Expositionsfund, and 
all moneys collected pursuant to this provision, after deducting the 
proportionate share of the expense for the collection of the same, 
shall be paid into the state treasury, and credited to such fund. 
All moneys so paid into such fund are hereby appropriated, with- 
out reference to fisca] years, for the use, establishment, main- 
tenance, and support of said Panama Pacific International Exposi- 
tion. No tax, license fee, or charge of any kind or character shall 
ever be levied or assessed or charged against any property of 
said Panama Pacific !nternational Exposition, or against any 
property used as exhibit therein, while being used or exhibited in 
connection therewith. 

[There is hereby created a commission to be known as the 
Panama Pacific International Exposition Commission of the State 
of California, which shall consist of the governor of said state 
and four other members to be appointed by the governor, by and 
with the advice and consent of the senate of said state. The 
governor shall have the power to fill all vacancies occurring: at 
any time in said commission. ‘The members Of said commission 
shali receive no compensation and shall hold office untiJ such 
exposition shall have been closed and its affairs settled. Said 
four members of said commission shall be selected from. different 
sections of the state, and the appointment thereof shall be made 
by the governor of the state during the month of February, 1911. 
The commission hereby created shall have the exclusive charge 
and contro! of all moneys paid into the Panama Pacific Interna- 
tional Exposition fund; and provided further that the legislature 
shall pass all laws necessary to carry out the provisions of this 
act, including the times and the manner in which and the terms 
and conditions upon which money shall be drawn from the state 
treasury by said commission; where contracts and vouchers shall 
be filed; to whom and how often reports shall be made; what 
disposition shall be made of any sum left unexpended or received 
from the sale of any property or buildings purchased or con- 
structed by said commission for the use of said exposition, or of 
any disposition of any building or improvement constructed by 
said commission out of said fund, and to provide for the transfer 
to the general fund of the State of California of any portion of 
said Panama Pacific International Exposition fund unused. 

[The commission herein created is authorized and directed to 
make such proper contracts with the Panama Pacific International 
Exposition Company, a corporation organized under the laws of 
the State of California on the 22d day of March, 1910, as wiil 
entitle the State of California to share proportionately with the 
contributors to the said Panama Pacific international Exposition 
in the returns from the holding of said exposition at the City 
and County of San Francisco.] [Amendment adopted November 
8, 1910. ] 


89 Hf CONSTITUTION OF 1879. Art. IV, § 22 


ing anything contained in this or any other sec- 
tion of this constitution, the legislature shall have 
the power to grant aid to institutions conducted 
forthe support and maintenance of minor orphans, 
or half orphans, or abandoned children, or aged 
persons in indigent circumstances—such aid to be 
granted by a uniform rule, and proportioned to 
the number of inmates of such respective insti- 
tutions; provided further, that the state shall 
have, at any time, the right to inquire into the 
management of such institutions; provided further, 
that whenever any county, or city and county, 
or city, or town shall provide for the support of 
minor orphans, or half orphans, or abandoned 
children, or aged persons in indigent circum- 
stances, such county, city and county, city, or 
town shall be entitled to receive the same pro 
rata appropriations as may be granted to such 
institutions under church or other control. An 
accurate statement of the receipts and expendi- 
tures of public moneys shall be attached to and 
published with the laws at every regular session 
of the legislature. 


APPROPRIATIONS.—_No money can be drawn 
from the treasury but in consequence of appropria- 
tions inade by law. (Baggett v. Dunn, 69 Cal. 75, 
ar Paic. 125.) 

To an appropriation nothing more is requisite than 
a designation of the amount and fund out of which 
it shall be paid. It is not essential to its validity 
that funds to meet the same shall be at the time 
in the treasury. (McCauley v. Brooks, 16 Cal. 11.) 

This provision is designed only to secure to the 


Art. IV, §22 CONSTITUTION OF 1879, 90 


legislative department the exclusive power of decid- 
ing to what purpose the public funds shall be de- 
voted in each fiscal year, and no particular form of 
legislative words is required to make an appropria- 
tion valid. (Humbert v. Dunn, 84 Cal. 57, 24 Pac. 
a1?) 

This provision does not prohibit the legislature 
from appropriating its funds in time of war to aid a 
corporation in the construction of a railroad to be 
used by the state for military purposes. (People vy. 
Pacheco, 27 Cal. 175.) 

There is no restriction as to the time for which 
appropriations may be made. (People v. Pacheco, 27 
Cal. 175.) 

The provision of this section giving counties, cities, 
and towns the same pro rata amounts granted by the 
legislature to private institutions is seli-executing, 
and where the legislature grants such aid to private 
institutions, Such counties, cities, and towns become 
entitled to the same aid. (Yolo Co. v. Dunn, 77 Cal. 
138, 19 Pac. 262; San Francisco v. Dunn, 69° Cal. 
HowMLO UE aC Loan) 

An act appropriating three hundred thousand dol- 
lars to meet the expenses of erecting buildings and 
maintaining an exhibit of the products of the state 
at the World’s Fair at Chicago, and providing that 
the appropriation should be expended under the ex- 
clusive charge of a commission appointed by the 
governor, is not in conflict with this provision. (Dag- 
gett v. Colgan. 92 Cal. 53, 28 Pac. 51.) 

An act creating an office and providing that the 
officer “shall receive a salary of two thousand four 
hundred dollars per annum, payable monthly,.... 
to be paid out of any money in the state treasury 
not otherwise appropriated,’ is sufficient to show 
an intention to appropriate such sum. (Humbert v. 
Dunn, 84 Cal. 57, 24 Pae. 111.) 

An act providing for the commitment of minor 
criminals to nonsectarian charitable corporations, the 
expense of maintenance to be paid by the county, 
is not in violation of this section, since it only ap- 
plies to the state treasury. (Boys’ & Girls’ Aid Soc. 
v. Reis, 71 Cal. 627, 12 Pac. 796.) 


91 CONSTITUTION OF 1879. Art LV; §-23 


‘A law providing for the payment of a salary ‘out 
of any money in the general fund not otherwise ap- 
propriated,” only applies to the money subject to ap- 
propriation by that legislature and not to some sub- 
sequent legislature. (Baggett v. Dunn, 69 Cal. 75, 
aE AG: 120.) 

An act attempting retroactively to exempt resident 
nephews and nieces from the payment of unpaid 
taxes upon collateral inheritances is in violation of 
this section. (Hstate of Stanford, 126 Cal. 112, 54 
Pac. 259, 5&8 Pac. 462.) 

The act of 1855, providing a fund-for the indigent 
sick, has no application to a fund which comes to 
a county by operation of this section. (Power Vv. 
May, 123 Cal. 147, 55 Pac. 796.) 

The act establishing the state agricultural society 
made it a state institution, and appropriation for it 
is not obnoxious to this provision. (Melvin v. State, 
121 Cal.°16, 53 Pac. 416.) 

The act of 1891, fixing a bounty on coyote scalps, 
did not make a specific appropriation out of the gen- 
eral fund for the payment of such bounties. (In- 
Sram vy. Coizan, 106° Cal. 113, 38 Pac. 315, 39 Pac. 
437.) 

An act reauiring the tax collector to-pay a part 
of the fees allowed him by law into the county 
treasury does not violate this section—first, because 
-the money had never been in the state treasury, and, 
second, because such act amounts to an appropria- 
tion. (Ream y. Siskiyou Co., 36 Cal. 620.) 

An act appropriating one hundred thousand dol- 
lars for the support and maintenance of a mining 
bureau is not unconstitutional because it fails to 
state specifically on what fund the warrant is to be 
drawn, or that the money is-appropriated out of any 
moneys in the treasury not otherwise appropriated. 
(Proll v. Dunn, 80 Cal. 220, 22 Pac. 143.) 


Sec. 23. The members of the legislature shall 
receive for their services a per diem and mileage, 
to be fixed by law, and paid out of the public 
treasury; such per diem shall not exceed eight 


Art. LV, §24 CONSTITUTION oF 1879. 92 


dollars, and such mileage shall not exceed ten 
cents per mile, and for contingent expenses not 
exceeding twenty-five dollars for each session. 
No increase in compensation or mileage shall take 
effect during the term for which the members of 
either house shall have been elected, and the pay 
of no attaché shall be increased after he is elected 
or appointed. 


Sec. 24. Every act shall embrace but one sub- 
ject, which subject shall be expressed in its title. 
But if any subject shall be embraced in an act 
which shall not be expressed in its title, such act 
shall be void only as to so much thereof as shall 
not be expressed in its title. No law shall be 
revised or amended by reference to its title; but 
in such case the act revised or section amended 
shall be re-enacted and published at length as 
revised or amended; and all laws of the state of 
California, and all official writings, and the 
executive, legislative, and judicial proceedings 
shall be conducted, preserved, and published in 
no other than the English language. 


TITLE AND FORM OF ACTS—Construction.—A 
like provision of the former constitution was held 
to be merely directory. (Washington v. Page, 4 Cal. 
388; Pierpont v. Crouch, 10 Cal. 315; San Hrancisco 
v. Spring Valley W. W., 54 Cal. 571.) ; 

But the provisions of this section are held to be 
mandatory. (Hx parte Liddell, 98 Cal. 638, 29 Pac. 


. 201.) 


The title of an act cannot be used to restrain or 
control any positive provision of the act, but where 


93 CONSTITUTION OF 1879. Art. IV, § 24 


the meaning of the body of the act is doubtful, the 
title may be resorted to as a means of ascertaining 
the intention of the legislature. (People v. Abbott, 
16 Cal. 358: Barnes v. Jones, 51 Cal. 303; Matter of 
Boston Min. etc. Co., 51 Cal. 624; Harris v. Super- 
visors, 52 Cal. 558.) 

The provisions of this section should be liberally 
construed, and the matter must be left largely to 
legislative discretion. (Ex parte Liddell, 93 Cal. 633, 
29 Pac. 251; Abeel v. Clark, 84 Cal. 226, 24 Pac. 383.) 

This section does not apply to municipal ordinances. 
(Ex parte Haskell, 112 Cal. 412, 44 Pac. 725.) 

As to whether this section applies to the amend- 
ment of statutes enacted before the present consti- 
tution, see People v. Parvin, 74 Cal. 549, 16 Pac. 490. 

One subject.—Numerous provisions having one gen- 
eral object fairly indicated by the title may be united. 
(Ex parte Liddell, 98 Cal. 633, 29 Pac. 251; People v. 
Parks, 58 Cal. 624; Ex parte Kohler, 74 Cal. 88, 15 
Pac. 486; De Witt v. San Francisco, 2 Cal. 289.) 

The act of 1891, adding a new part to the Vrooman 
Act in relation to street improvement bonds, does 
not contain more than one subject. (Hellman y. 
Shoulters, 114 Cal. 186, 44 Pac. 915, 45 Pac. 1057.) 

An act entitled “An act to establish a uniform 
system of county and township governments,” classi- 
fying the counties by population and fixing the com- 
pensation of the county officers, only contains one 
subject. (Longan y. Solano, 65 Cal. 122, 3 Pac. 463.) 

The act of March 19, 1878 -(Stats. 1877-8, 338), does 
not contain more than one subject. (San Francisco 
vy, Spring Valley W. W., 54 Cal. 571.) 

If the act is made of incongruous parts, or to 
comprehend unconnected and dissimilar subjects to 
that expressed in the title, it cannot be upheld. (Peo- 
ple v. Parks, 58 Cal. 624.) 

Title—The purpose of this provision is to protect 
the members of the legislature as well as the pub- 
lie against fraud from deceitful and misleading titles. 
(Ex parte Liddell, 93 Cal. 633, 29 Pac. 251; Abeel v. 
Clark, 84 Cal. 226, 24 Pac. 383.) 

If the title is of such a character as to mislead 
the public or the members of the legislature, as to 
the subjects embraced in it, it is void. (Wood v. 
Election Commrs., 58 Cal. 561.) 


Art. IV, §24 CONSTITUTION oF 1879, - Ot 


The words in a title “and for other purposes” do 
‘not validate provisions which are not germane to 
the particular subjects expressed in the title. (Spier 
v. Baker, 120 Cal. 370, 52 Pac. 659.) 

It is not necessary that the title of an act should 
embrace an abstract or catalogue of its contents. 
(Abeel v. Clark, 84 Cal. 226, 24 Pac. 383; Ex parte 
Liddell, 93 Cal. 683, 29 Pac. 251; People v. Superior 
Court, 100 Cal. 105, 84 Pac. 492; People v. Linda 
Vista Irr. Dist., 128 Cal. 477, 61 Pac. 86; Hellman 
v. Shoulters, 114 Cal. 136, 44 Pac. 915, 45 Pac. 1057.) 

The title of an act .is not misleading because it 
purports to provide for a ‘general’ vaccination, 
when in fact it only applies to children in the pub- 
lic schools. (Abeel v. Clark, 84 Cal. 226, 24 Pac. 383.) 

Particular acts held valid.—The titles of the fol- 
lowing acts have been held sufficient: An act entitled 
“An act to amend section 3481 of the Political Code” 
(People v. Parvin, 74. Cal. 549, 16 Pac. 490. But see 
Lewis v. Dunne, 22 Cal. Dec. 559); a title expressing 
the object of the act to be “to amend section ——” of 
a named code “relating” to the particular object 
treated of in the body of the act (San Francisco ete. 
R. R. Co. v. State Board, 60 Cal. 12); an act en- 
titled “An act to prohibit the sophistication and 
adulteration of wine, and to prevent fraud in the 
manufacture and sale thereof,’ and defining . pure 
wine, prohibiting the use of deleterious substitutes, 
and forbidding the sale of impure wine (Hx parte 
Kohler, 74 Cal. 38, 15 Pac. 486); an act entitled 
“An act to amend an act entitled ‘An act to establish 
a Penal Code,’ approved February 14, 1872, by 
amending section 634, relating to fish and game” 
(People v. Dobbins, 738 Cal. 257, 14 Pac. 860); an 
act entitled ‘‘An act to provide for laying out, etc., 
any street, ete., and to condemn and acquire any 
and all lands and property necessary or conveniert 
for that purpose,” and providing for the assessment 
of other lands to pay for lands condemned (Davies 
v. Los Angeles, 86 Cal. 37, 24 Pac. 771); an act en- 
titled ‘“‘An act for the better protection of stockhold- 
ers in corporations formed under the laws of the 
state of California for the purpose of carrying on 
and conducting the business of mining,” and pro- 


95 CONSTITUTION OF 1879. Art. IV, § 24 


viding a penalty for failure to make or post an 
itemized account or balance-sheet (Francais v. Somps, 
92 Cal. 503, 28 Pac. 592); an act entitled “An act 
to establish a state reform school for juvenile of- 
fenders, and to make an appropriation therefor,” and 
providing for the commitment of juvenile offenders 
to such schools (Ex parte Liddell, 93 Cal. 6383, 29 
Pac, 251); an act entitled “An act to provide for 
laying out, etc., any street, ete., in municipalities, and 
to condemn and acquire any and all land and prop- 
erty necessary and convenient for that purpose,” 
and validating former proceedings for the widening 
of streets (San Francisco v. Kiernan, 98 Cal. 614, 33 
Pac. 720); an act entitled “‘An act creating a hoard 
of bank commissioners, and prescribing their duties 
and powers,” and providing for winding up of bank- 
ing corporations (People v. Superior Court, 100 Cal. 
105, 34 Pac. 492); an act entitled “An act to create 
the county of Kings, to define the boundaries there- 
of, and to provide for its organization and election 
of officers, and to classify said county,” and provid- 
ing for the collection of taxes levied before the 
formation of the county but collected afterward 
(Kings County v. Johnson, 104 Cal. 198, 37 Pac. 870); 
an act entitled “An act to create the office of com- 
missioner of transportation, and to define its powers — 
and duties; to fix the maximum charges for trans- 
porting passengers and freights on certain railroads, 
and to prevent extortion and unjust discrimination 
thereon,” and providing for the collection of fines 
against a person evading the payment of his fare 
(Gieseke v. San Joaquin, 109 Cal. 489, 42 Pac. 446); 
an act entitled “An act to establish a uniform system 
of county and township governments,” and classify- 
ing the counties by population, and fixing the com- 
pensation of the county officers (Longan v. Solano, 65 
Cal. 122, 3 Pac. 463); an act entitled “An act to 
regulate fees in office,’ and providing that the officer 
shall pay part of his fees into the treasury (Ream v. 
Siskiyou C©o., 36 Cal. 621); an act entitled “An act 
to enable certain parties therein named to alieliate 
and encumber homesteads,” and providing for the 
alienation of the homestead by the sane spouse, un- 
der order of the probate court (Jones v. Falvella, 126 


Art. IV, § 24 CONSTITUTION oF 1879. 95 


Cal. 24, 58 Pac. 311); an act entitled “An act to 
protect and promote the horticultural interests of 
the state,” and making the expense of abating an 
insect pest nuisance from any property a lien thereon 
(Los Angeles v. Spencer, 126 Cal. 670, 59 Pac. 202); 
a provision relating to city justices of the peace in 
an act entitled “An act to establish a uniform sys- 
tem of county and township government” (People 
v. Cobb, 21 Cal. Dee. 779); an act purporting in its 
title to add thirty-four enumerated sections to the 
Political Code, “all relating to the establishment of 
a board of state harbor commissioners for the bay - 
of San Diego,’ and authorizing the commissioners 
to institute an action for the possession of any por- 
tion of the entire bay of San Diego, of which they 
are given the possession and ccntrol (People v. Mul- 
lender, 182 Cal. 217). 

See, also, People v. King, 127 Cal. 570, 60 Pace. 
35; Leake v. Colgan, 125 Cal. 415, 58 Pac. 69; Jen- 
nings v. Le Roy, 63 Cal. 397; People v. Henshaw, %6 
Cal. 486, 18 Pac. 418; Pennie v. Reis, 80 Cal. 266, 
22 Pac. 176; People v. Linda Vista Irr.- Dist:, 125 
Cal. 477, 61 Pac. 86; Carpenter v. Furrey, 128 Cal. 
665, 61 Pac. 869; Vernon ete. Dist. v. Board of Educa- 
tion, 125 Cal. 593, 58 Pac. 115; Ex parte Piirrman 
22 Cal. Dec. 411. 

Particular acts held invalid.—The following acts 
have been held to violate this provision: An act 
whose title simply purports to repeal the statute con- 
cerning the publication of constitutional amend- 
ments, but in the body of the act also provides a 
new method of publishing such amendments (People 
v. Curry, 130 Cal. 82, 62 Pac. 516); an act amending 
the act for the formation of sanitary districts, and 
providing that sanitary boards may determine the 
qualification of persons authorized to sell liquors at 
retail, this subject not being germane to the title 
of the original act (In re Werner, 129 Cal. 567, 62 
Pac. 97); an act entitled “An act to establish fees,” 
ete., and providing for the payment of one dollar 
for each one thousand dollars in excess of three 
thousand dollars of the appraised value of the es- 
tate upon tiling the inventory, such payment being 
a tax and not a fee (Fatjo v. Pfister, 117 Cal. 83, 48 


97 CONSTITUTION OF 1879. Art. IV, § 24 


Pac. 1012); an act entitled “An act to amend sec- 
tions four thousand and four,’ and other sections 
“to establish a system of county governmenys, ap- 
proved April 27, 1880,” but referring to no partic- 
ular code or statute (Leonard v. January, 56 Cal. 
1); an act entitled ‘‘An act to promote drainage,” and 
providing for the control of debris from mining and 
other operations, the improvement and rectification 
of river channels, and the erection of embankments 
or dykes necessary for the protection of lands, towns, 
or cities from inundation (People v. Parks, 58 Cal. 
624; Doane v. Weil, 58 Cal.°334); an act the title 
of which provides only for the refunding of the in- 
debtedness of cities, and the issuance of bonds there- 
for, and repealing an act for the incurring of in- 
debtedness by municipal corporations (Los Angeles 
vy. Hance, 122 Cal: 77, 54 Pac. 387). See, also, Spier 
v. Baker, 120 Cal. 370, 52 Pac. 659. 

An act entitled “An act to revise the Code of Civil 
Procedure of the state of California by amending 
certain sections, repealing others, and adding certain 
new sections,’ was held not to sufficiently state its 
subject in its title, for the reason that the ‘Code of 
Civil Procedure” does not state or express any sub- 
ject. (Lewis v. Dunne, 22 Cal. Dec. 559.) 

That such terms as the “Code of Civil Procedure,” 
“Criminal Code,” ‘“‘Probate Code,” ‘‘Political Code,” 
etce., do sufficiently state a subject, see Central etc. 
R. Co. y. State, 104-Ga. 831, 31 S..E. 531; Porter v. 
Thomson, 22 Iowa, 391; State v. Brassfield, 81 Mo. 
151; Woodruff v. Baldwin, 23 Kan. 491; Heller v. 
People, 2 Colo. App. 459; Johnson v. Harrison, 47 
Minn. 575, 50 N. W. 923; Marston v. Humes, 3 Wash. 
Zoi eo Pac, 520; Mathis v. State, 31 Fla. (291,12 
South. 681; Ex parte Thomas, 113 Ala. 1, 21 South. 
369; Tribune Co. v. Barnes, 7 N. Dak. 591, 75 N. W. 
904; Murphey v. Menard, 11 Tex. 678. 

Publishing at length.—A revised act must be con- 
strued as a new and original piece of legislation. 
(Donlon v. Jewett, 88 Cal. 530, 26 Pac. 370.) 

This provision applies only to acts which are in 
terms revisory or amendatory of some former act; 
and it does not apply to an independent act, al- 
though it is inconsistent with some existing statute. 

Constitution—9 


Art iy, $2¢ CONSTITUTION OF 1879. 98 


(Pennie-v. Reis, 80 Cal. 266, 22 Pac. 176; Jennings 
v. Le Roy, 63 Cal. 397; Baum’y. Raphael, 57 Cal. 
361.) 

An act adding a new section to the Political Code, 
and by implication amending another section of the 
same code, was held to violate this provision, if con- 
sidered as an amendment, since it did not repub- 
lish the section of the code affected by it. (Harte vy. 
Board of Education, 55 Cal. 489. But see Hellman 
v. Shoulters, 114 Cal. 186, 44 Pac. 915, 45 Pac. 1057; 
University of California v. Bernard, 57 Cal. 612.) 

This section does hot apply to amendments by im- 
plication, nor to an act which merely adds new 
sections relating to a nanred subject, which leaves in 
full operation all the language of the statute which 
it purports to amend, and does not purport to amend 
any section of that act, but affects its operation only 
by implication from the sections added. (Hellman 
v. Shoulters, 114 Cal. 186, 44 Pac. 915, 45 Pac. 1057. 
But see Earle v. Board of Education, 55 Cal. 489.) 

This section does not prevent a section amended 
from taking its place by its appropriate number in 
the original act. (Fletcher v. Prather, 102 Cal. 413, 
36 Pac. 658.) 

Where a section of the code is “amended to read 
as follows,” and the amended section is published 
at length, without any saving clause, the effect of 
the amendment is to repeal the section as it origi- 
nally stood; and a section of the amendatory act 
merely providing that the amendment shall be ap- 
plicable to certain counties does not operate as a 
saving clause to continue the original section in force 
in other counties. (Huffman y. Hall, 102 Cal. 26, 36 
Pac. 417.) 

Under the provisions of this section the amend- 
ment of a statute operates as an absolute repeal of 
the statute or section amended, even if the amend- 
ment takes nothing away from the old law, but 
merely adds a proviso in certain cases. (Billings 
v. Harvey, 6 Cal. 381.) 

An act adding five new sections to the Political 
Code is not within the mischief which this section 
was intended to prevent. (University of California 
v. Bernard, 57 Cal. 612.) 


99 CONSTITUTION OF 1879. Art. LV, § 25 


An act entitled “An act to revise the Code of Civil 
Procedure of the state of California by amending 
certain sections, repealing others, and adding certain 
new sections,” and amending, repealing, or adding 
some five hundred sections of that code, and which 
did not set out and republish at length the entire 
Code of Civil Procedure, was held to violate this 
provision of the constitution. (Lewis v. Dunne, 22 
Cal. Dee. 559.) 


This appears to be the only decision as to what 
constitutes a “revised” act within the meaning of 
this section. See, however, on the same subject the 
following cases: Portland v. Stock, 2 Or. 70; Dolan 
vy. Barnard, 5 Or. 390; David v. Portland ete. Co., 14 
Or. 98, 12 Pac. 174; Greencastle etc. Co. v. State, 28 
Ind. 382; Town ete. v. Frieze, 33 Ind. 507; Swails v. 
White, 4 Neb. 353; Arnoult v. New Orleans, 11 La. 
Ann, 54; Tuskaloosa etc. Co. v. Olmsted, 41 Ala. 9. 


Sec. 25. The legislature shall not pass local or — 
special laws in any of the following enumerated 
cases, that is to say: 

First—Regulating the jurisdiction and duties 
of justices of the peace, police judges, and of 
constables. 

Second—For the punishment of crimes and mis- 
demeanors. 

Third—Regulating the practice of courts of 
justice. 

Fourth—Providing for changing the venue in 
civil or criminal actions. 

Fifth—Granting divorces. 

Siath—Changing the names of persons or 
places. 

Seventh—Authorizing the laying out, opening, 
altering, maintaining, or vacating roads, highways, 


Art. 1V, §25 cONSTITUTION OF 1879. 100 


streets, alleys, town plats, parks, cemeteries, 
graveyards, or public grounds not owned by the 
state. 

Eighth—Summoning and impaneling grand 
and petit juries, and providing for their compensa- 
tion. 

Ninth—Regulating county and township busi- 
ness, or the election of county and township 
officers. | | 

Tenth—For the assessment or collection of 
taxes. ; 

Eleventh—Providing for conducting elections, 
or designating the places of voting, except on 
the organization of new counties. 

Twelfth—Affecting the estates of deceased per- 
sons, minors, or other persons under legal disa- 
bilities. } 

Thirtcenth—Extending the time for the collec- 
tion of taxes. 

Fourteenth—Giving effect to invalid deeds, 
wills, or other instruments. 

Fifteenth—Refunding money paid into the 
state treasury. 

Siateenth—Releasing or extinguishing, in whole 
or in part, the indebtedness, lability, or obliga- 
tion of any corporation or person to this state, 
or to any municipal corporation therein. 

Seventeenth—Declaring any person of age, or 
authorizing any minor to sell, lease, or encumber 
his or her property. 


101 CONSTITUTION OF 1879. Art. IV, § 25 


Eighteenth—Legalizing, except as against the 
state, the unauthorized or invalid act of any 
officer. 

Nineteenth—Granting to any corporation, as- 
sociation, or individual any special or exclusive 
right, privilege, or immunity. 

Twentieth—Exempting property from taxa- 
tion. 

Twenty-first—Changing county seats. 

Twenty-second—Restoring to citizenship per- 
sons convicted of infamous crimes. 

Twenty-third—Regulating the rate of interest 
on money. 

Twenty-fourth—Authorizing the creation, ex- 
tension, or impairing of liens. 

Twenty-fifth—Chartering or licensing ferries, 
bridges, or roads. 

Twenty-sicth—Remitting fines, penalties, or 
forfeitures. 

Twenty-seventh—Providing for the manage- 
ment of common schools. 

Twenty-eighth—Creating offices, or prescribing 
the powers and duties of officers in counties, cities, 
cities and counties, townships, election or school 
districts. 

Twenty-ninth—Affecting the fees or salary of 
any officer. 

Thirtieth—Changing the law of descent or suc- 
cession. 

Thirty-first—Authorizing the adoption or legit- 
imation of children. 


Art. IV, §25 CONSTITUTION OF 1879. 102 


Thirty-second—-For limitation of civil or crim- 
inal actions. 

Thirty-third—In all other cases where a gen- 
eral law can be made applicable. 


LOCAL AND SPECIAL LAWS—In general.—Un- 
der the former constitution the legislature was not 
forbidden to pass local or special laws. (Wigmore 
v. Buell, 122 Cal. 144, 54 Pac. 600; People v. Twelfth 
District Court, 17 Cal. 547; Ex parte Burke, 59 Cal. 6; 
Nevada School Dist. v. Shoecraft, 88 Cal. 372, 26 Pac. 
Zit) 

The provisions of this section are prospective oniy, 
and do not affect statutes passed before its adoption. 
(Nevada School Dist. v. Shoecraft, 88 Cal. 372, 26 
Pac. 211; Ex parte Burke, 59 Cal. 6; Rollins v. 
Wright, 93 Cal. 895, 29 Pac. 58; Smith v. McDermott, 
93 Cal. 421, 29 Pac. 34; Meade v. Watson, 67 Cal. 
591, 8 Pac. 311; Ex parte Chin Yan, 60 Cal. 78.) 

The legislature cannot make a special act general 
by a legislative declaration that it shall be considered 
a general act. (San Francisco v. Spring Valley W. 
W., 48 Cal. 493.) 

A law which on its face is general and may be 
applied to all cities cannot be assailed on the ground 
that it was in fact passed to effect an improvement 
in one city only. (Davies v. Los Angeles, 86 Cal. 37, 
24 Pac. 771.) 

A special law is ome relating to a selected class, 
as well as a particular object. (Smith v. McDermott, 
93 Cal. 421, 29 Pac. 34.) 

As to what is a general and what a special law, 
see Ex parte Burke, 59 Cal. 6, per Morrison, C. J, 

A general law must be as broad as the subject mat- 
ter to which it relates. (Desmond v. Dunn, 55 Cal. 
242.) 

An act applying uniformly upon the whole of any 
single class of individuals or objects, when the classi- 
fication is founded upon some natural, intrinsic, or 
constitutional distinction, is a general law. (Abeel 
v. Clark, 84 Cal. 226, 24 Pac. 383; Cody v. Murphey, 
89 Cal. 522, 26 Pac. 1081; Foster v. Police Commrs., 
102 Cal.. 483, 37 Pac. 763; Rode y. Siebe, 119 Cal 


103 CONSTITUTION OF 1879. Art. IV, § 25 


518, 51 Pac. 869; Ex parte Koser, 60 Cal. 177; Vail 
v. San Diego, 126 Cal. 35, 58 Pac. 392; People v. 
Central Pace. R. R. Co., 105 Cal. 576, 38 Pac. 905; 
Murphy v. Pacific Bank, 119 Cal. 334, 51 Pac. 317; 
Murphy v. Pacific Bank, 180 Cal. 542, 62 Pac. 1059.) 

In order to make the law general, the classification 
must not be arbitrary, but must be founded upon 
some natural, intrinsic, or constitutional distinction, 
and some reason must appear why the act is not 
made to apply generally to all classes. (Rauer v. Will- 
iams, 118 Cal. 401, 50 Pac. 691; Darcy v. Mayor, 104 
Cal. 642, 38 Pac. 500.) 

Although a law is general when it applies equally 
to all individuals of a class founded upon a natural, 
intrinsic, or constitutional distinction, it is not gen- 
eral if it confers particular privileges or imposes pe- 
culiar disabilities or burdensome conditions, in the 
exercise of a common right, upon a class arbitrarily 
selected from the general body of those who stand 
in precisely the same relation to the subject of the 
law. (Pasadena vy. Stimson, 91 Cal. 238, 27 Pac. 604; 
Bloss v. Lewis, 109 Cal. 493, 41 Pac. 1081.) 

A law which applies only to a part of a class— 
which relates not to any genus, but only to species— 
is a special law. (People v. Central Pac. R. R. Co., 
$3 Gal; 393; 23 Pac. 3038.) 

Acts held to be general.—The following acts have . 
been held to be general within the meaning of this 
section: An act relating to elections to elect boards of 
freeholders, and to adopt and amend charters (Frag- 
ley v. Phelan, 126 Cal.-3838, 58 Pac. 923); an act pro- 
viding for police courts in all cities of a designated 
population, and providing that it shall go into effect 
upon the expiration of the term of office of the present 
police judge of such cities (People v. Henshaw, 76 Cal. 
436, 18 Pac. 413; Hx parte Halsted, 89 Cal. 471, 26 Pac. 
961; In re Mitchell, 120 Cal. 384, 52 Pac. 799): an 
act ‘applying to all elections in towns and cities (Ver- 
non School Dist. v. Board of Education, 125 Cal. 
593, 58 Pac. 175); an act providing for an action by 
a reclamation district to determine the validity of an 
assessment(Lower IKXings River Reclamation Dist. No. 
531 v. McCullah, 124 Cal. 175, 56 Pac. 887);. the in- 
sanity law of 1897 (People v. King, 127 Cal. 570, 60 


Art. IV, §25 CONSTITUTION OF 1879. “104 


Pac. 385); section 1203 of the Code of Civil Procedure 
(Carpenter v. Furrey, 128 Cal. 665, 61 Pac. 369); an 
act providing a special method for levying a tax for 
high schools, differing from that provided for other 
school districts (People v. Lodi High School Dist., 
124 Cal. 694, 57 Pac. 660); an act providing for the 
refunding of indebtedness of municipal corporations 
other than cities of the first class (Los Angeles y. 
Teed, 112 Cal. 319, 44 Pac. 580); an act providing for 
the assessment of taxes upon railroads operating in 
more than one county (People v. Central Pac. R. R. 
Co., 105 Cal. 576, 88 Pac. 905); a law making it a 
felony to sell intoxicating liquors to Indians (People 
v. Bray, 105 Cal. 344, 38 Pac. 731); an act providing 
for vaccination of all children attending public 
schools (Abeel v. Clark, 84 Cal. 226, 24 Pac. 3838); an 
act relating to the compensation of the auditor and 
his clerk in all counties of the twentieth class (Kar- 
num v. Warner, 104 Cal. 677, 88 Pac. 421); an act 
forbidding the erection of partition walls in cities 
and towns of a greater height than ten feet, with- 
out the consent of the adjoining owner, except 
around public gardens, ete. (Western ete. Co. v. 
Wnickerbocker, 103 Cal. 111, 37 Pac. 192); the provi- 
sions of section 1001 of the Civil Code, providing for 
the acquisition of private property through the ex- 
ercise of the right of eminent domain (Santa Cruz v. 
Enright, 95 Cal. 105, 30 Pac. 197); a county ordinance 
providing a smaller license tax for the sale of spirit- 
uous liquors at wayside inns and rural watering 
places, outside of any city, than when sold in a city 
(Amador Co. v. Kennedy, 70 Cal. 458, 11 Pac. 757); 
an ordinance making it unlawful to conduct a laun- 
dry between 10 P. M. and 6 A. M., or on Sundays 
(Ex parte Moynier, 65 Cal. 33); the provision of the 
Code of Civil Procedure giving certain laborers pre- 
ferred claims as against other attaching creditors 
(Mohle v. Tschirch, 68 Cal. 381). 

See, also, cases cited below under the particular 
subdivisions of this section. 

Acts held to be special.—On the other hand, the 
following acts have been held to be special within the 
meaning of this section: An act providing for boards 
of election commissioners in cities and counties hay- 


105 CONSTITUTION OF 1879. Art. IV, § 25 


ing one hundred and fifty thousand or more inhabi- 
tants, that being an arbitrary classification without 
reference to the existing classification by general law 
(Denman v. Broderick, 111 Cal. 96, 43 Pac. 516); the 
“McClure Charter,” pecause it only applied to consol- 
idated city and county governments of a designated 
population (Desmond v. Dunn, 55 Cal. 242); a pro- 
vision of the County Government Act providing for 
salaries in addition to fees of constables in townships 
humbered one to ten in counties of one particular 
class (Lougher v. Soto, 129 Cal. 610, 62 Pac. 184); an 
act giving laborers employed by corporations by the 
week or month a lien for wages (Slocum v. Bear Val- 
ley Irr. Co., 122 Cal. 555, 55 Pac. 403); a law depriv- 
ing certain persons arbitrarily of the right to partici- 
pate in an election (Spier v. Baker, 120 Cal. 370, 52 
Pac. 659); an act directed at and applicable to one 
particular named municipal corporation, and taking 
away a large part of its territory (People v. Common 
Council, 85 Cal. 3869, 24 Pac. 727; Fisher v. Police 
Court, 86 Cal. 158, 24 Pac. 1000); an act to remedy 
the failure on the part of the tax collector to publish 
the names of the owners, etc. (Moore v. Patch, 12 
Cal. 265). 

See, also, cases cited below under particular subdi- 
visions of this section. ~« 

Subdivision 1.—An act establishing an additional 
police court in San Francisco, with the same jurisdic- 
tion, and to be governed by the same rules as the 
court already existing, is not a special law. (Ex 
parte Jordan, 62 Cal. 464.) 

This subdivision does not apply to the terms of of- 
fice of justices of the peace. (Kahn y. Sutro, 114 Cal. 
316, 46 Pac. 87.) 

An act creating a justice’s court for one particular 
named town and fixing its jurisdiction is a special 
law. (Miner vy. Justice’s Court, 121 Cal. 264, 53 Pac. 
795.) 

Subdivision 2.—An act making it a misdemeanor 
“for any person engaged in the business of baking to 
engage, or to permit others in his employ to engage, 
in the business of baking for the purpose of sale, be- 
tween the hours of 6 o’clock P. M. on Saturday and 


Art. IV, §25 coNSsTITUTION OF 1879. 106 


6 o’clock P. M. on Sunday,” is a special law. (Ex 
parte Westerfield, 55 Cal. 550.) 

An act making it unlawful to keep open any place 
of business on Sunday, but exempting hotels, board- 
ing-houses, barber-shops, baths, markets, restaurants, 
taverns, livery-stables, and retail drug stores held not 
to be a special law. (Ex parte Koser, 60 Cal. 177.) 

This section does not prohibit the legislature from 
authorizing by general laws ordinances which would 
be special laws if enacted by the legislature directly. 
(Hx parte Chin Yan, 60 Cal. 78.) 

An act allowing certain convicts in the city and 
county of San Francisco to be imprisoned in the 
house of correction instead of the county jail or state 
prison does not violate this subdivision. (Hx parte 
Williams, 87 Cal. 78, 24 Pace. 602.) 

An act establishing an additional police court in 
San Francisco, with the same jurisdiction and to 
be governed by the same rules as the court already 
existing, is not a special law. (Ex parte Jordan, 62 
Cal. 464.) 

An act making it a misdemeanor to keep open a 
barber-shop on Sundays and other holidays is special 
legislation. (Ex parte Jentzsch, 112 Cal. 468, 44 Pac. 
803.) 

Subdivision 3.—A provision in the municipal cor- 
poration act that in cities of one class it shall not be 
necessary to plead or prove the existence or validity 
of any ordinance thereof, and that courts shall take 
judicial notice thereof, is special legislation. (City 
of Tulare v. Hevren, 126 Cal. 226, 58 Pac. 530.) 

A provision in the act supplemental to the “Wright 
Act,” that in a proceeding to confirm the organization 
and bonds of an irrigation district ‘fa motion for a 
new trial must be made upon the minutes of the 
court,” is repugnant to this provision. (Cullen vy. 
Glendora, Water Co., 113 Cal. 503, 39 Pac. 769, 45 Pac. 
822.) 

The “Bank Commissioners’ Act,” providing for the 
winding up of banking corporations, and to that ex- 
tent superseding the provisions of the general Insol- 
vent Act, is constitutional. (People v. Superior 
Court, 100 Cal. 105, 34 Pac. 492.) 


& 


107 : CONSTITUTION OF 1879. Art. IV, § 25 


An act providing the form of a complaint in an ac- 
tion to condemn land is valid. (San Francisco v. 
Kiernan, 98 Cal. 614, 33 Pac. 720.) 

An act requiring an undertaking on the part of the 
plaintiff in actions of libel and slander is not a spe- 
cial law. (Smith v. McDermott. 93 Cal. 421, 29 Pac. 
34.) 

The word “practice” includes all “pleadings.” (Peo- 
ple vy. Central Pac. R. R. Co., 88 Cal. 393, 23 Pac. 
308.) 

A law providing for a special form of complaint 
in an action to recover an assessment of taxes 
against a railroad situated in more than one county, 
is in violation of this section. (People v. Central Pac. 
R. R. Co., 88 Cal. 393, 23 Pac. 308. But see People 
y. Central Pac. R. R. Co., 105 Cal. 576, 38-Pac. 905.) 

An act allowing certain convicts in the city and 
county of San Francisco to be imprisoned in the 
house of correction instead of the county jail or 
state prison does not violate this subdivision. (Ex 
parte Williams, 87 Cal. 78, 24 Pac. 602, 25 Pac. 248.) 

An act establishing an additional police court in 
San Francisco, with the same jurisdiction and to be 
governed by the same rules as the court already ex- 
isting, is not a special law. (Ex parte Jordan, 62 Cal. 
464.) 

Subdivision 6.—Under this subdivision the legisla- 
ture cannot by special law change the name of a cor- 
poration, but may by general law provide for such 
change by the superior court upon application of the 
incorporators. (Matter of La Société Francaise, etce., 
123 Cal. 525, 56° Pac. 458.) 

Subdivision 7.—The act of 1891 supplemental to 
the Vrooman Act, relating to street work in all mu- 
nicipalities, is a general law. (Hellman vy. Shoulters, 
114 Cal. 136, 44 Pac. 915, 45 Pac. 1057.) 

Subdivision 9.—A law providing that, in counties 
of one particular class only, witnesses in criminal 
cases shall be entitled to the same fees as jurors, in 
the discretion of the court, is special. (Turner y. 
Siskiyou Co., 109 Cal. 332, 42 Pac. 484.) 

A provision of the County Government Act, that in 
counties of a certain class county licenses collected 


Art. IV, §25 cONSTITUTION OF 1879. 1068 


in cities shall be paid into the treasuries of such 
‘cities for street improvements, is in violation of this 
subdivision. (San Luis Obispo vy. Graves, 84 Cal. 71, 
23 Pac, 1032.) 

The provisions of the County Government Act of 
1893 empowering certain of the county officers in 
counties of one class to appoint a certain number of 
deputies, whose salaries are fixed by the act and 
made payable out of the county treasury, is valid, 
although in other counties the principals must pay 
the salaries of their deputies. (Tulare Co. v. May, 
118 Cal. 303, 50 Pac. 427; Freeman v. Barnum, 131 
Cal. 386. Welsh v. Bramlet, 98 Cal. 219.33 Pac. 66, 
and Walser v. Austin, 104 Cal. 128, 37 Pac. 869, over- 
ruled.) 

An act directing the municipality to pay a particu- 
lar claim against it is in violation of this provision. 
(Conlin v. Supervisors, 114 Cal. 404, 46 Pac. 279.) 


Subdivision 10.—A law providing that taxes upon 
personal property unsecured by real estate shall be 
collected at the time of the assessment, and before 
the time provided for the collection of taxes upon 
other property, is valid. (Rode v. Siebe, 119 Cal. 518, 
51 Pac. 869, Van Fleet, J., and Harrison, J., dissent- 
ing; Pacific Postal ete. Co. v. Dalton, 119 Cal. 604, 
51 Pac. 1072.) 

Section 10 of article 18 of the constitution is not 
“a local or special law” passed by the legislature. 
(San Francisco ete. R. R. Co. v. State Board, 60 Cal. 
122) 

A law providing a special method of assessment 
and collection of taxes against railroads situated in 
more than one county is special legislation. (People 
vy. Central Pac. R. R. Co., 83 Cal. 393, 23° Pac? sea. 
But see People v. Central Pac. R. R. Co., 105 Cal. 
576, 38 Pac. 905.) 

Subdivision 11.—In forming a new county the leg: 
islature may make special provisions as to the first 
election to be held in it, and as to all things which 
must be done in order to complete the organization 
and preserve the orderly and harmonious administra: 
tion of the laws therein. (People v. McFadden, 81 
Cal. 489, 22 Pac. 851.) 


169 CONSTITUTION OF -1879. Art. IV, § 25 


A law creating and providing for the organization 
of a new county is not within the prohibition against 
special and local legislation. (People v. Glenn Co., 
100 Cal, 419, 35 Pac. 302.) 

An act creating a new county may provide for the 
collection of taxes levied before the formation of the 
county, but collected afterward. (Kings County v. 
Johnson, 104 Cal. 198, 37 Pac. 870.) 

The Primary Election Law of 1895, being express- 
ly confined in its operation to counties of the first 
and second class, is local and special. (Marsh v. Su- 
pervisors, 111 Cal. 368, 43 Pac. 975.) 


Subdivision 13.—A law providing a special method 
of assessment and collection of taxes against rail- 
roads situated in more than one county is special leg- 
islation. (People v. Central Pac. R. R. Co., 83 Cal. 
393, -23 Pac. 303. But see People v. Central Pac. R. 
R. Co., 105 Cal. 576, 38 Pac. 905.) 


Subdivision 16.—An act attempting retroactively 
to exempt resident nephews and nieces from the pay- . 
ment of unpaid taxes upon collateral inheritances is 
in violation of this provision. (Estate of Stanford, 
126 Cal. 112, 54 Pac. 259, 58 Pac. 462.) 

Subdivision 19.—Tulare Co. v. May, 118 Cal. 803, 
50 Pac. 427; People v. Superior Court, 100 Cal. 105, 
34 Pac. 492. 

Subdivision 20.—A law providing a special method 
of assessment and collection of taxes against rail- 
roads situated in more than one county is special 
legislation. (People v. Central Pac. R. R. Co., 83 Cal. 
$93, 23 Pac. 803. But see People vy. Central Pac. R. 
R. Co., 105 Cal. 576, 88 Pac. 905.) 


Subdivision 23.—An act making it a misdemeanor 
for a pawnbroker to charge or receive more than two 
per cent. per month interest is not a speciallaw. (Dx 
parte Lichtenstein, 67 Cal. 359, 7 Pac. 728.) 

Subdivision 24.—People v. Central Pac. R. R. Co., 
88 Cal. 393, 23 Pac. 303; People v. Central Pac. R. 
R. Co., 105 Cal. 576, 38 Pac. 905. 

Subdivision 27.—The fixing of salaries of teachers 
is part of the “management of the common schools.” 
(Earle vy. Board of Education, 55 Cal. 489.) 

Constitution—10 


Art. IV, §25 CONSTITUTION OF 1879. 110 


An act relating to salaries of school teachers ini 
cities having one hundred thousand inhabitants or 
more is local and unconstitutional. (Harle vy. Board 
of Education, 55 Cal. 489.) | 

An act providing that in cities having a board of 
education the city treasurer is to have the custody of 
the state and county school money appropriated to 
the city is a special law. (Bruch vy. Colombet, 104 
Cal. 347, 38 Pac. 45.) 

Subdivision 28.—An act authorizing the police com- 
missioners of Sacramento to appoint policemen not 
exceeding thirty in number is a special law, and 
creates officers within the meaning of thissubdivision. 
(Farrell v. Board of Trustees, 85 Cal. 408, 24 Pac. 
868.) 

The word “officers” includes policemen in cities, 
and includes all officers who exercise their office and 
perform their duties within the limits of either politi- 
cal division mentioned. (i*arrell v. Board of Trus- 
tees, 85 Cal. 408, 24 Pac. 868.) 

An act directing the municipality to pay a particu- 
lar claim against it is in violation of this subdivision. 
(Conlin vy. Supervisors, 114 Cai. 404, 46 Pac. 279.) 

An act creating offices in but one class of counties, 
arbitrarily created and designated by population, 
without reference to the classification contained in 
the general law, is in violation of this provision. 
(San Francisco v. Broderick, 125 Cal. 188, 57 Pac. 
887.) 

This subdivision does not prevent the passage of a 
special law as to a board of harbor commissioners 
for the bay of San Diego. (People v. Mullender, 132 
Cal. 217.) 

See, also, Ex parte Jordan, 62 Cal. 464; Welsh v. 
Bramlet, 98 Cal. 219, 33 Pac. 66; Tulare Co. v. May, 
118 Cal. 303, 50 Pac. 427. 

Subdivision 29.—An act making an appropriation 
to pay the salary of an officer during a certain period 
before the amount of the salary has been fixed is not 
in violation of this section. (Smith v. Dunn, 64 Cal. 
164, 28 Pac. 232. Smith v. Kenfield, 57 Cal. 188, dis- 
tinguished.) 

The County Government Act is not in violation of 
this vrovision. (Longan vy. Solano Co., 65 Cal. 122, 
oe ax.’ SH.) 


1il1 CONSTITUTION OF 1879. Art. IV, § 25 


An act fixing the salaries of county officers and 
providing that in all counties, except counties of 
three designated classes, it should not take effect un- 
til the expiration of the terms of the incumbents, and 
in those three it should take effect the first day of 
the month succeeding its passage, is a special law. 
(Miller v. Kister, 68 Cal. 142, 8 Pac. 813.) 

An act readjusting the salaries of all county of- 
ficers of counties of a particular class is a general 
law. (Cody v. Murphey, 89 Cal. 522, 26 Pac. 1081.) 

An act making an appropriation to pay James W. 
Rankin for services in the state treasurer’s office is 
not in violation of this section. (Rankin vy. Colgan, 
92 Cal. 605, 28 Pac. 673.) 

An act providing that when the population of an 
existing county shall be reduced, by reason of the 
creation of any new county from the territory there- 
of, below the class first assumed by it under the act, 
it should be the duty of the supervisors of such coun- 
ty to designate the class to which such county has 
been reduced, is a general law. (Kumler v. Supervis- 
ors, 193 Cal. 393, 37 Pac. 383.) 

A provision of the fee bill allowing justices of the 
peace a certain portion of the fees collected by them, 
without reference to the classification contained in 
the County Government Act, is a special law. (Dwy- 
er v. Parker, 115 Cal. 544, 47 Pac. 372.) 

The provision of the County Government Act of 
1897, providing for salaries in certain counties in 
lieu of fees and per diem, is valid. (Vail v. San Di- 
ego, 126 Cal. 35, 58 Pac. 392.) 

See, also, Ex parte Jordan, 62 Cal. 464; Tulare Co. 
y. May, 118 Cal. 303, 50 Pac. 427. 

Subdivision 33.—In Earle v. Board of Education, 
55 Cal. 489, it was suggested, but not decided, that 
the court may determine whether a general law can 
be made applicable in a given case. 

As to whether the legislative determination of the 
question whether a general law can be made appli- 
cable is conclusive, discussed but not decided. (Peo- 
ple v. Mullender, 132 Cal. 217.) 

A law cannot be held invalid merely because, in 
the opinion of the court, it would have been possible 
to have framed a general law under which the pur- 


Art. IV, §26 consTITUTION oF 1879. 112 


pose of the special law could have been accom- 
plished. (People v. Mullender, 182 Cal. 217.) 

_ It is impossible for the court to say that a general 
law could be made applicable to the subject of forma- 
tion of new counties. (People v. McFadden, 81 Cal. 
489, 22 Pac. 851.) ; 

A law requiring cities of two designated classes to 
make effort to agree with the owners of land sought 
to be condemned, before instituting condemnation 
proceedings, is special legislation. (Pasadena _ vy. 
Stimson, 91 Cal. 238, 27 Pac. 604.) 

A provision of the County Government Act that in 
all counties of one particular class certain additional 
fees shall be collected for filing the inventory in es- 
tates of deceased persons, is violative of this section. 
(Bloss v. Lewis, 109 Cal. 498, 41 Pac. 1081.) 

The act of 1895, providing for the disincorporation 
of municipal corporations of the sixth class, is not a 
special law. (Mintzer v. Schilling, 117 Cal. 361, 49 
Pac. 209.) 

The act of 1893, providing a special method of col- 
lecting fees in cities and counties of over one hun- 
dred thousand inhabitants, is a special law. (Rauer 
v. Williams, 118 Cal. 401, 50 Pac. 691.) 

An act providing a special mode of conducting the 
election of directors of mining corporations is a spe- 
cial law. (Krause vy. Durbrow, 127 Cal. 681, 60 Pac. 
438.) 

An act providing that no misnomer of the owner 
shall affect any assessment by an irrigation district 
is a general law. (Hscondido High School Dist. v. 
Escondido Seminary, 180 Cal. 128, 62 Pac. 401.) 

See, also, Marsh v. Supervisors, 111 Cal. 368, 43 
Pac. 975; People v. Superior Court, 100 Cal. 105, 34 
Pac. 492; Conlin v. Supervisors, 114 Cal. 404, 46 Pace. 
279; Tulare Co. v. May, 118 Cal. 303, 50 Pac. 427; Ex 
parte Jentzsch, 112 Cal. 468, 44 Pac. 803. 


See. 26. The legislature shall have no power 
to authorize lotteries or gift enterprises for any 


purpose, and shall pass laws to prohibit the sale 
in this state of lottery or gift enterprise tickets, 





Article IV, Section 


See. 254. The legislature may provide for the 
division of the state into fish and game districts, 
and may enact such laws for the protection of 


fish and game therein as it may deem appropriate 
to the respective districts. (Amendment adopted 
November 4, 1902. ) 


ry 





113 CONSTITUTION OF 1879. Art. IV, § 26 


or tickets in any scheme in the nature of a lot- 
tery. The legislature shall pass laws to regulate 
or prohibit the buying and selling of the shares 
of the capital stock of corporations in any stock 
board, stock exchange, or stock market under the 
control of any association. All contracts for the 
sale of shares of the capital stock of. any cor- 
poration or association, on margin or to be de- 
livered at a future day, shall be void, and any 
money paid on such contracts may be recovered 
by the party paying it by suit in any court of 
competent jurisdiction. 


LOTTERIES.—Under this section an ordinance 
making the mere possession of a lottery ticket a mis- 
demeanor is valid.» (Collins v. Lean, 68 Cal. 284, 9 
Fac, 173.) 


SALE OF STOCK ON MARGIN.—This provision is 
remedial, not penal. (Parker vy. Otis, 130 Cal. 322, 
62 Pace. 571.) 

It is not in conflict with the federal constitution. 
(Parker v. Otis, 130 Cal. 322, 62 Pac. 571.) 

Whether or not a particular transaction is in vio- 
lation of this provision is a question of fact. (Bald- 
win v. Zadig, 104 Cal. 594, 88 Pac. 363.) 

This provision will not be extended so as to for- 
bid the delivery of stock as a conditional payment 
for the purchase of land, with a guaranty of cash 
value, and an agreement to take it back at the end 
of two years, upon request, and to make the pay- 
ments in cash. (Maurer vy. King, 127 Cal. 114, 59 
Pac. 290.) 

An undisclosed principal may recover money paid . 
by his agent upon a contract in violation of this sec- 
tion. (Parker vy. Otis, 130 Cal. 322, 62 Pac. 571.) 

This provision is not to be confined to the particu- 
lar person handing over the money. (Parker y. Otis, 
130 Cal. 322, 62 Pac. 571.) 


: 


Art. IV, §27 CONSTITUTION OF 1879. 114 


This provision will not be so construed as to permit 
an evasion of it. (Parker v. Otis, 130 Cal. 322, 62 
Pac. 571.) 

An agreement by which the broker is to purchase 
stock, charging the customer with commissions and 
the interest on the money advanced, and holding the 
stocks as security until their sale, the customer sim- 
ply receiving and paying the difference between the 
buying and selling values of the stock, is in violation 
of this section. (Cashman vy. Root, 89 Cal. 3738, 26 
Pac. 883.) 

The payment of a mere margin of the cost price 
of stock to brokers, under an agreement that the 
brokers were to make advances for the purchaser, 
and hold the stocks purchased as security for their 
advances, with power to sell to protect their interest, 
without delivery to the purchaser of any particular 
shares of stock purchased, but with readiness of the 
brokers at any time on demand to deliver a like 
number of shares upon payment of all balance due, 
is within the prohibition of this.section. (Parker yv. 
Otis, 180 Cal. 322, 62 Pac. 571.) 

One who sues to recover money voluntarily paid 
for the purchase of stocks on margins or to be de- 
livered at a future day, in violation of this provision, 
is not entitled to recover interest thereon. (Baldwin 
v. Zadig, 104 Cal. 594, 38 Pac. 363.) 


Sec. 27. When a congressional district shall be 
composed of two or more counties, it shall not be 
separated by any county belonging to another 
district. No county, or city and county, shall 
be divided in forming a congressional district so 
as to attach one portion of a county, or city and 
county, to another county, or city and county, 
except in cases where one county, or city and 
county, has more population than the ratio re- 
quired for one or more congressmen; but the 
legislature may divide any county, or city and 


115 CONSTITUTION OF 1879. Art. IV, §§ 28, 29 


county, into as many congressional districts as 
it may be entitled to by law. Any county, or 
city and county, containing a population greater 
than the number required for one congressional 
district; shall be formed into one or more con- 
-gressional districts, according to the population 
thereof, and any residue, after forming such dis- 
trict or districts, shall be attached by compact 
adjoining assembly districts, to a contiguous coun- 
ty or counties, and form a congressional district. 
In dividing a county, or city and county, into 
congressional districts, no assembly district shall 
be divided so as to form a part of more than one 
congressional district, and every such congres- 
sional district shall be composed of compact con- 
tiguous assembly districts. 


CONGRESSIONAL DISTRICTS.—As to the ap- 
portionment of the state in general, see note to sec- 
tion 6 of this article. 

Sec. 28. In all elections by the legislature the 
members thereof shall vote viva voce, and the 
votes shall be entered on the journal. 


Sec. 29. The general appropriation bill shall 
contain no item or items of appropriation other 
than such as are required to pay the salaries of 
the state officers, the expenses of the government, 
and of the institutions under the exclusive con- 
trol and management of the state. 


GENERAL APPROPRIATION BILL.—The gener- 
al appropriation bill cannot create an office. (Lewis 
v. Colgan, 115 Cal. 529, 47 Pac. 357.) 


Art. IV, §§ 30,31 constrrurTion oF 1879. 116 


Sec. 30. Neither the legislature, nor any coun- 
ty, city and county, township,. school district, or 
other municipal corporation, shall ever make an 
appropriation, or pay from any public fund what- 
ever, or grant anything to or in aid of any religious 
sect, church, creed, or sectarian purpose, or help 
to support or sustain any school, college, univer- 
sity, hospital, or other institution controlled by 
any religious creed, church, or sectaridn denomina- 
tion whatever; nor shall any grant or donation of 
personal property or real estate ever be made by 
the state, or any city, city and county, town, or 
other municipal corporation for any religious 
creed, church, or sectarian purpose whatever ; pro- 
vidaed, that nothing in this section shall prevent 
the legislature granting aid pursuant to section 
twenty-two of this article. 


Sec. 31. The legislature shall have no power 
to give or to lend, or to authorize the giving or 
lending, of the credit of the state, or of any 
county, city and county, city, township, or other 
political corporation or subdivision of the state 
now existing, or that may be hereafter established, 
in aid of or to any person, association, or corpora- 
tion, whether municipal or otherwise, or to pledge 
the credit thereof, in any manner whatever, for 
the payment of the liabilities of any individual, 
association, municipal or other corporation what- 
ever; nor shall it have power to make any gift, 


ARTICLE IV. 
Lending Public Credit Prohibited. 
Section 31. The legislature shall have no power to give or to 


state, or of any county, city and county, city, township, or other) 
political corporation or subdivision of the state now existing, or 
that may be hereafter established, in aid of or to any person, | 
association, or corporation, whether municipal or otherwise, or | 
to pledge the credit thereof,_in any manner whatever, for the 
payment of the liabilities of any individual, association, municipal | 
or other corporation whatever; nor shall it have power to make 
any gift, or authorize the making of any gift, of any public | 
money or thing of value to any individual, municipal or other — 
corporation whatever; provided, that nothing in this section shall, 
prevent the legislature granting aid pursuant to section twenty-'! 

two of this article; and it shall not have power to authorize the 

state or any political subdivision thereof, to subscribe for stock, 

or to become a stockholder in any corporation shall prevent the 

legislature granting aid pursuant to sectiOn twenty-two of this 

article; and it shall not have power to authorize the state, or any® 
political subdivision thereof, to subscribe for stock, or to become 

a stockholder in any corporation whatever; provided, further, that’ 

irrigation districts for the purpose of acquiring the control of 
any entire International water system necessary for its use and | 
purposes, a part of which is situated in the United States, and ai} 
part thereof in a foreign country, may in the manner authorized § 
by law, acquire the stock of any foreign corporation which is the 

owner of, or which holds the title to the part of such system situ- | 
ated in a fOreign country. (Adopted November 3, 1914.) 








117 CONSTITUTION OF 1879. Art. kV, $38 


or authorize the making of any gift, of any public 
money or thing of value to any individual, munic- 
ipal or other corporation whatever; provided, that 
nothing in this section shall prevent the legis- 
lature granting aid pursuant to section twenty- 
two of this article; and it shall not have power to 
authorize the state, or any political subdivision 
thereof, to subscribe for stock, or to become a 
stockholder in any corporation whatever. 


AID TO PRIVATE ENTERPRISE.—An appropri- 
ation to. a railroad company to aid in building a rail- 
road, in consideration of valuable services, is not a 
gift or loan of the credit of the state. (People v. 
Pacheco, 27 Cal. 175.) 

Under the former constitution, the legislature 
might compel a county to become a subscriber to 
a railroad, and the legislature was the sole judge of 
the question as to whether the railroad was a public 
benefit. (Napa Valley R. R. Co. v. Napa Co., 30 Cal. 
435.) 

GIFTS.—A statute will not be held unconstitutional 
on the ground that it makes a gift, unless its in- 
validity appears upon its face or from facts of which 
the court takes judicial notice. (Conlin v. Super- 
visors, 99 Cal. 17, 33 Pac. 753; Stevenson v. Col- 
gan, 91 Cal. 649, 27 Pac. 1089; Rankin vy. Colgan, 
92 Cal. 605, 28 Pac. 673; Bourn vy. Hart, 93 Cal. 321, 
28 Pac. 951.) 

The courts will take judicial notice that in no 
ease would a city be liable for any portion of the 
expense of street improvements; and, therefore, an 
act appropriating money for the same is unconstitu- 
tional. (Conlin v. Supervisors, 99 Cal. 17, 33 Pac. 
753.) 

A gift, as used in this section, includes all appro- 
priations for which there is no authority or enforce- 
able claim, or which rest alone upon some moral or 
equitable obligation, which in the mind of a gen- 
erous or even just individual, dealing with his own 


ATI, Stor CONSTITUTION oF 1879. 118 


money, might prompt him to recognize as worthy 
of reward. (Conlin v. Supervisors, 99 Cal. 17, 33 Pac. 
753.) 

A gift within the meaning of this section is a 
gratuitous transfer of the property of the state, made 
voluntarily and without consideration. (Yosemite 
Stage ete. Co. v. Dunn, 83 Cal. 264, 23 Pace. 369.) 

Under the former constitution the legislature might 
authorize the payment of claims invalid in law, but 
equitable and just in themselves. (Blanding v. Burr, 
13 Cal. 348; Creighton v. San Francisco, 42 Cal. 446.) 

But a mere moral obligation will not make a trans- 
action other than a gift. (Molineux v. California, 109 
Cal. 378, 42 Pac. 34.) 

The legislature has no power to make gifts to its 
employees or to allow them extra compensation af- 
ter service rendered. (Robinson v. Dunn, 77 Cal. 473, 
19 Pace. S78.) 

The legislature has no power to create a liability 
against the state for any act of negligence on the 
part of its officers. (Chapman vy. State, 104 Cal. 690, 
38 Pac. 457.) 

A mere change in the remedy does not create a 
liability against the state. (Chapman vy. State, 104 
Cal. 690, 88 Pac. 457.) 

An act attempting retroactively to exempt resident 
nephews and nieces from the payment of unpaid 
taxes upon collateral inheritances is in violation of 
this provision. (Estate of Stanford, 126 Cal. 112, 54 
Pac. 259, 58 Pac. 462.) 

A purchase of an unexpired lease of the Yosemite 
and Wawona wagon road, made by the Yosemite 
commissioners, is not a gift. (Yosemite Stage ete. 
Co. v. Dunn, 83 Cal. 264, 23 Pac. 369.) 

A law attempting to confer a right to recover in- 
terest on coupons upon which there was before no 
right to recover interest is a gift. (Molineux v. Cali- 
fornia, 109 Cal. 878, 42 Pac. 34.) 

An act creating an exempt firemen’s relief fund, 
and requiring municipalities to aid exempt firemen 
who never rendered them any service, and thus creat- 
ing a liability where none existed before, is in viola- 
tion of this section. (Taylor v. Mott, 123 Cal. 497, 
56 Pac. 256.) 


119 CONSTITUTION OF 1879. Art. IV, § 32 


As to whether a contract by a municipal corpora- 
tion to pay money to any person or corporation to 
secure the construction of a railroad would be in 
violation of this section, see Higgins v. San Diego 
Water Co., 118 Cal. 524, 546, 45 Pac. 824, 50 Pac. 
670. 

An act providing a bounty on coyote scalps does 
not constitute a gift. (Ingram vy. Colgan, 106 Cal. 
118. 38 Pac. 315, 39 Pac. 487.) 

The mere fact that the city enjoyed the actual ad- 
vantage of certain street improvements does not 
ereate any moral obligation, and cannot support a 
statute appropriating money for the same. (Conlin 
v. Supervisors, 99 Cal. 17, 38 Pac. 7538.) 

An act appropriating five thousand dollars for the 
benefit of the sufferers from the Tia Juana floods is 
clearly violative of this provision. (Patty v. Colgan, 
Binal. 251,.31..Pac..1133.) 

An appropriation in payment of a claim for dam- 
ages on account of personal injuries sustained while 
in the service of the state, and for which the state 
is not responsible, is a gift. (Bourn v. Hart, 93 Cal. 
ob, 20 Pac. 951.) 

An act creating a police life and health insurance 
fund, and providing for the payment into such fund 
of a certain portion of the salaries of police officers, 
does not make a gift of public money. (Pennie v. 
Reis, 80 Cal. 266, 22 Pac. 176.) 

An act directing the payment of the salary of an 
officer of an irrigation district out of the funds of 
the county is in violation of this provision. (Knox 
v. Los Angeles, 58 Cal. 59.) 


Sec. 32. The legislature shall have no power 
to grant, or authorize any county or municipal 
authority to grant, any extra compensation or 
allowance to any public officer, agent, servant, or 
contractor, after service has been rendered, or a 
contract has been entered into and performed, 
in whole or in part, nor to pay, or to authorize 


ATT ATV} § 32 CONSTITUTION OF 1879. 126 


the payment of, any claim hereafter created 
against the state, or any county or municipality 
of the state, under any agreement or contract 
made without express authority of law; and all 
such unauthorized agreements or contracts shall 
be null and void. 


EXTRA COMPENSATION.—The word “law” as 
used in this section is used in the same sense as the 
word “statute,” and includes an unconstitutional stat- 
ute. (Miller v.. Dunn, 72 Cal. 462, 14 Pace. 27.) 

This section does not prevent the legislature from 
making an appropriation to pay a claim for work 
done on behalf of the state, in pursuance of an act 
of the legislature, which is judicially declared uncon- 
stitutional after the performance of the work. (Miller 
v. Dunn, 72 Cal. 462, 14 Pac. 27.) 

An act creating an exempt firemen’s relief fund, 
and requiring municipalities to aid exempt firemen 
who never rendered them any service, and thus creat- 
ing a liability where none existed before, is in vio- 
lation of this section. (Taylor v. Mott, 123 Cal. 497, 
56 Pac. 256.) 

The legislature has no power to make gifts to its 
employees or to allow them extra compensation af- 
ter service rendered. (Robinson vy. Dunn, 77 Cal. 473, 
19 Pac. 878.) 

A contract by a board of supervisors, employing 
the district attorney to try a suit in another county 
after the expiration of his term of office, does not 
increase his salary as district attorney, and is valid, 
(Jones v. Morgan, 67 Cal. 308, 7 Pac. 784.) 

An act making an appropriation to pay the salary 
of an officer during a certain period before the 
amount of the salary has been fixed is not in viola- 
tion of this section. (Smith v. Dunn, 64 Cal. 164, 28 
Pac. 232.) 

An act providing for a police life and health in- 
surance fund does not grant an extra compensation 
in violation of this section. (Pennie v. Reis, 80 CaL 
266, 22 Pac. 176.) 


121 CONSTITUTION OF 1879. Art. IV, §§ 33, 34 


A contract by the clerk of the board of super- 
visors to collect a claim against the state and divide 
the commission with the district attorney is in vio- 
lation of this section. (Power v. May, 114 Cal.:207, 
46 Pace. 6.) 

Although there is no express authority of law for 
the board of examiners to appoint an expert, they 
have that power, since, in addition to its express pow- 
ers, a board has such additional powers as are 
necessary for the due and efficient exercise of pow- 
ers expressly granted, or as may be fairly implied. 
(Lewis v. Colgan, 115 Cal. 529, 47 Pac. 357.) 

An act appropriating money for the salary of an 
expert to the board of examiners is valid, and the 
employment of such expert by the board is not void 
as being without express authority of law. (Lewis 
vy. Colgan, 115 Cal. 529, 47 Pac. 357.) 


Sec. 33. The legislature shall pass laws for the 
regulation and limitation of the charges for ser- 
vices performed and commodities furnished by 
telegraph and gas corporations, and the charges 
by corporations or individuals for storage and 
wharfage, in which there is a public use; and 
where laws shall provide for the selection of any 
person or officer to regulate and limit such rates, 
no such person or officer shall be selected by any 
corporation or individual interested in the busi- 
ness to be regulated, and no person shall be se- 
lected who is an officer or stockholder in any such 


corporation. 
WATER RATES.—<As to water and gas rates, see 
note to section 1, article 14, and section 19, article 11 
Sec. 34. No bill making an appropriation of 
money, except the general appropriation bill, 


shall contain more than one item of appropria- 
Coustitution—]] 


Art. LV, §35 CONSTITUTION OF 1879. 423... 


tion, and that for one single and certain purpose 
to be therein expressed. 

APPROPRIATIONS.—The fact that an act mak- 
ing two or more distinct appropriations has but one 
general purpose will not render it consistent with 
this provision of the constitution. (Murray v. Colgan, 
94 Cal. 485, 29 Pac. 871.) 

An act making an appropriation for a bounty for 
ramie fibre, and also an appropriation for the salary 
of a state superintendent of ramie culture, is in vio- 
lation of this section. (Murray v. Colgan, 94 Cal. 
435, 29 Pac. 871.) 

An act appropriating money for the purchase of a 
site for a home for feeble-minded children, and for 
the erection of buildings thereon, is not in violation 
of this section. (People v. Dunn, 80 Cal. 211, 22 Pace. 
140.) 

See, also, People v. Counts, 89 Cal. 15, 19, 26 Pac. 
612; State v. Sloan, 53 S. W. 47. 


Sec. 35. Any person who seeks to influence 
the vote of a member of the legislature by bribery, 
promise of reward, intimidation, or any other 
dishonest means, shall be guilty of lobbying, 
which is hereby declared a felony; and it shall be 
the duty of the legislature to provide, by law, for 
the punishment of this crime. Any member of 
the legislature, who shall be influenced in his 
vote or action upon any matter pending before 
the legislature by any reward, or promise of 
future reward, shall be deemed guilty of a felony, 
and upon conviction thereof, in addition to such 
punishment as may be provided by law, shall be 
disfranchised and forever disqualified from hold- 
ing any office or public trust. Any person may 


Article IV, Section 36. 


Sec. 36. The legislature shall have power to 
establish a system of state highways or to declare 
any road a state highway, and to pass all laws 


necessary or proper to construct and maintain 
the same, and to extend aid dor the construction 
and maintenance in whole or in part of any 
county highway. (Amendment adopted Novem- 
ber 4, 1902.) 








123 CONSTITUTION OF 1879. Art. IV, § 35 


be compelled to testify in any lawful investigation 
or judicial proceeding against any person who 
may be charged with having committed the of- 
tense of bribery or corrupt solicitation, or with 
having been influenced in his vote or action, as 
a member of the legislature, by reward, or prom- 
ise of future reward, and shall not be permitted 
to withhold his testimony upon the ground that 
it may criminate himself or subject him to 
public infamy; but such testimony shall not 
afterward be used against him in any judicial 
proceeding, except for perjury in giving such 
testimony. 


LOBBYING.—The term “lobbying” signifies to ad- 
dress or solicit members of a legislative body with 
the purpose of influencing their votes. (Colusa Co. v. 
Welch, 122 Cal. 428, 55 Pac. 2438.) 

Services rendered by an attorney in endeavoring 
to persuade the members of the legislature individu- 
ally to act favorably upon a Dill, in which no dis- 
horest. secret, or unfair means were used, do not 
constitute “lobbying” within the meaning of this sec- 
tion. (Foltz v. Cogswell, 86 Cal. 54%, 25 Pac. 60. Ap- 
proved in Colusa Co. v. Welch, 122 Cal. 428, 55 Pac. 
243.) 

A contract to pay to secure, by means of per- 
sonal solicitation, and by means .of private inter- 
views with members of the legislature, and by means 
of lobbying, the defeat of a bill pending in the leg- 
islature, is prohibited by this section. (Colusa Co. 
v. Welch, 122 Cal. 428, 55 Pace. 243.) 


ATEAY; § 1 CONSTITUTION OF 1879. 124 


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ARTICEB Ve 
EXECUTIVE DEPARTMENT. 


Executive power vested in governor. 
Election of governor and term of office. 
Eligibility and qualifications. 

Returns of election—Counting votes. 
Governor to be commander-in-chief of militia, 
Executive business of. 

To see that laws are executed. 

To fill vacancies in office. 

When to convene special sessions. 

Messages to legislature. 

When to adjourn legislature. 

Disability to hold other offices. x 
Keeper of seal of state. 

To sign and seal grants and commissions. 
Lieutenant-governor—Election of, ete. 

When powers of governor devolve on. 

State officers—Hlection and terms of office. 
Secretary of state—Duties of. 

Compensation of state officers. 
Governor—Ineligible to United States senate. 


Section 1. The supreme executive power of 
this state shall be vested in a chief, magistrate, 
who shall be styled the Governor of the State 
of California. 


125 CONSTITUTION OF 1879. Art. V, §§ 2-4 


THE GOVERNOR.—When a ministerial duty, af- 
fecting a private right, is specially devolved on the 
governor by law, he may be compelled to perform 
the same by writ of mandate. (Middleton v. Low, 
30 Cal. 596; Harpending v. Haight, 39 Cal. 189.) 

Sec. 2. The governor shall be elected by the 
qualified electors at the time and places of voting 
for members of the assembly, and shall hold his 
office four years from and after the first Monday 
after the first day of January subsequent to his 
election, and until his successor is elected and 
qualified. 


TERM.—The term is fixed at four years certain, 
with a contingent extension. When this contingency 
happens, this extension is as much a part of the 
entire term as any portion of the four years. (People 
vy. Whitman, 10 Cal. 38.) 

Sec. 3. No person shall be eligible to the office 
of governor who has not been a citizen of the 
United States and a resident of this state five 
years next preceding his election, and attained 
the age of twenty-five years at.the time of such 
election. 


Sec. 4. The returns of every election for gov- 
ernor shall be sealed up and transmitted to the 
seat of government, directed to the speaker of the 
assembly, who shall, during the first week of the 
session, open and publish them in the presence of 
both houses of the legislature. The person having 
the highest number of votes shall be governor; 
but, in case any two or more have an equal and 


Art. V, §§5-8 CONSTITUTION OF 1879. 126 


the highest number of votes, the legislature shall, 
by joint vote of both houses, choose one of such 
persons so having an equal and the highest num- 
ber of votes for governor. 


Sec. 5. The governor shall be commander-in- 
chief of the militia, the army and navy of this 
state. 


Sec. 6. He shall transact all executive business 
with the officers of government, civil and military, 
and may require information, in writing, from the 
officers of the executive department, upon any 
subject relating to the duties of their respective 
offices. 


Sec. %. He shall see that the laws are faith- 
fully executed. 


Sec. 8. When any office shall, from any cause, 
become vacant, and no mode is provided by the 
constitution and law for fillmg such vacancy, 
the governor shall have power to fill such vacan- 
ey by granting a commission, which shall ex- 
pire at the end of the next session of the legis- 
lature, or at the next election by the people. 


APPOINTMENT OF OFFICERS.—After the issu- 
ance of the commission, the governor cannot revoke 
the appointment. (People v. Cazneau, 20 Cal. 503.) 

Where an officer is to be appointed by the governor 
by and with the consent of the senate, and the goy- 
ernor makes an appointment during the ‘recess of 
the legislature, he cannot, before such appointee is 


127 CONSTITUTION OF 1879. Art. V,§8 


rejected by the senate, appoint another person to 
the office. (People v. Mizner, 7 Cal. 519.) 

An appointment by the governor only lasts till 
the next election by the people. (Brooks v. Melony, 
15 Cal. 58.) 

The words “next election by the people’ do not ° 
mean the next general election, or the next election 
held by the people, but that the appointee shall hold 
until some one has been regularly elected to fill that 
office in the manner provided by law; and as ap- 
plied to the lieutenant-governor it means the next 
gubernatorial election. (People v. Budd, 114 Cal. 168, 
45 Pac. 1060.) 

The words ‘next election by the people’ mean the 
next election after the vacancy happens, and in cases 
of judges, does not mean the next general judicial 
election. (People v. Mott, 3 Cal. 502.) 

This provision is to be read distributively, so that, 
if the office is elective, the appointee shall hold 
till the next election, and if not elective, till the end 
of the next session of the legislature, which shall 
either elect a successor or enact laws for his elec- 
tion. (People vy. Mott, 3 Cal. 502.) 

Officers.—The term “officer,” as used in this sec- 
tion, is sufficiently comprehensive to include all per- 
sons in any public station or employment conferred 
by the government, and includes the clerks of the 
secretary of state. (Vaughn v. English, 8 Cal. 39.) 

Vacancies.—This provision applies only to va- 
eancies occurring under circumstances such that the 
original appointing or electing power cannot act. 
Such power is‘limited by the period when the people 
or the legislature can elect or appoint, on the arrival 
of which period his power ceases and the right of 
appointment returns to the original appointing 
power. (People vy. Fitch, 1 Cal. 519.) 

Before this section can apply two things must 
be shown: 1. That a vacancy exists; and 2. That no 
mode of filling it is provided by law. (People v. 
Mizner, 7 Cal. 519.) : 

This section has no application to the filling of a 
vacancy, the mode of filling which is provided by law. 
(People v. Cazneau, 20 Cal. 503; People v. Stratton, 
28 Cal. 382.) 


Art. V, §8 CONSTITUTION OF 1879, 128 


As to whether or not this section has any ap- 
plication to local officers, see People v. Hammond, 
66 Cal. 654, 6 Pac. 741. 

The power to fill an office carries with it, by im- 
plication, the power to fill a vacancy, and all nec- 
essary authority to carry out the original power, and 
prevent it from becoming inoperative. (People v. 
Fitch, 1 Cal. 519.) 

If an act creating an office provides that the in- 
cumbent of another office shall, ex officio, fill the 
oftice created, and the incumbent is prohibited by 
the constitution from holding the office, there is no 
vacancy. (People v. Sanderson, 30 Cal. 160.) 

When a district judze resigns during his term, there 
is a vacancy to be filled by the governor, and the 
appointee will hold until the next general election, 
or at most until the qualification of the person elected 
by the people. (People v. Rosborough, 14 Cal. 180.) 

Where an officer continues to discharge the duties 
of the office after the expiration of his term, and 
before the qualification of his successor, there is no 
vacaney in the office within the meaning of this sec- 
tion. (People v. Edwards, 93 Cal. 153, 28 Pac. 831.) 

Absence of a judge from the state does not create 
a vacancy within the meaning of this section. (Peo- 
ple v. Wells, 2 Cal. 198, 610, Anderson, J., dissenting.) 

The legislature has no power to determine when 
a vacancy exists within the meaning of this section. 
(People v. Wells, 2 Cal. 198, 610; People v. Mizner, 
7 Cal. 519.) 

When the constitution clearly enumerates the 
events that shall constitute a vacancy in a particular 
office, all others must be excluded. (People v. Whit- 
man, 10 Cal. 38.) 

Failure of an elected officer to qualify does not 
create a vacancy in the office. (People v. Whitman, 
10 Cal. 38.) 

No vacancy occurs by the death, removal, or resig- 
nation of a sheriff, as the coroner, by operation of 
law, becomes sheriff upon the happening of such an 
event. (People v. Phoenix, 6 Cal. 92.) 

As to whether a failure to elect a successor leaves 
an office vacant at the expiration of the term, see 
People v. Parker, 37 Cal. 639. 


129 CONSTITUTION OF 1879. Art. V, §8 


Particular cases.—If the office of lieutenant- 
governor becomes vacant during his term of office, 
the governor may fill the vacancy for the full re- 
mainder of the unexpired term. (People v. Budd, 
114 Cal. 168, 45 Pac. 1060.) 

Where a fire commissioner was appointed under 
the act of 1878 by the judge of the county court for 
the term of four years and until his successor is 
appointed and qualified, and the new constitution 
superseded the appointing functions of such judge 
and did not vest them in any other person, such 
commissioner holds over, and there is no vacancy 
in the office. (People v. Edwards, 93 Cal. 158, 28 Pac. 
831.) 

Where the position of state printer becomes vacant 
during the session of the legislature, which was the 
appointing power, the governor has no power to ap- 
point a successor. (People v. Fitch, 1 Cal. 519.) 

Where the district judge was to be appointed by 
the legislature for the first term and _ thereafter 
elected by the people, and the legislature failed to 
appoint, and the governor appoints to fill the vacancy, 
the person so appointed only holds till the next elec- 
tion, and not till the next session of the legislature. 
(People v. Mott, 3 Cal. 502.) 

Where an officer is appointed by the legislature to 
hold for two years, and until his successor is ap- 
pointed and qualified, and the succeeding legislature 
fails to elect, the governor may appoint. (People 
v. Reid, 6 Cal. 288.) 

Where the legislature fails to elect a successor 
to an officer at the expiration of the term, the gov- 
ernor may appoint. (People v. Baine, 6 Cal. 509; 
People v. Langdon, 8 Cal. 1.) 

Where the appointment of an officer is vested in 
the governor, with the advice and consent of the 
senate, and the term expires during the recess of 
the senate, the governor may fill such vacancy for 
the full term, subject only to be defeated by non- 
concurrence by the senate. (People v. Audison, 10 
Cal. 1.) 

When the legislature provides that in case of a 
vacaney in a particular office a board shall fill it un- 
til the next session of the legislature, the filling of 


Art. V, §§ 9-11 CONSTITUTION OF 1879, 180 


the vacancy is provided for within the meaning of 
this section, and no vacancy is caused by the failure 
of the legislature to elect. (People v. Parker, 37 Cal. 
639.) 

Sec. 9. He may, on extraordinary occasions, 
convene the legislature by proclamation, stating 
the purposes for which he has convened it, and 
when so convened it shall have no power to legis- 
late on any subjects other than those specified 
in the proclamation, but may provide for the 
expenses of the session and other matters inciden- 
tal thereto. 


EXTRA SESSIONS.—The confirmation of appoint- 
ments by the governor is not legislation within the 
meaning of this section. (People v. Blanding, 68 Cal. 
333.) 

Neither is the proposing of constitutional amend- 
ments. (People v. Curry, 130 Cal. 82, 62 Pac. 516.) 

The governor is the sole judge of the existence 
of an extraordinary occasion for convening the legis- 
lature. (Whitman v. Wilmington ete. R. R. Co., 2 
Harr. (Del.) 514.) 

Sec. 10. He shall communicate by message to 
the legislature, at every session, the condition of 
the state, and recommend such matters as he 


shall deem expedient. 


Sec. 11. In case of a disagreement between the 
two houses with respect to the time of adjourn- 
ment, the governor shall have power to adjourn 
the legislature to such time as he may think 
proper; provided, it be not beyond the time 
fixed for the meeting of the next legislature. 


131 CONSTITUTION OF 1879. Art. V, §§ 12-15 


Sec. 12. No person shall, while holding any 
office under the United States or this state, exer- 
cise the office of governor except as hereinafter 
expressly provided. 


Sec. 13. There shall be a seal of this state, 
which shall be kept by the governor, and used by 
him officially, and shall be called “The Great Seal 
of the State of California.” 


Sec. 14. All grants and commissions shall be 
in the name and by the authority of the people 
of the state of California, sealed with the great 
seal of the state, signed by the governor, and 
countersigned by the secretary of state. 


Sec. 15. A liewtenant-governor shall be elected 
at the same time and place, and in the same 
manner, as the governor, and his term of office 
and his qualifications shall be jhe same. He 
shall be president of the senate, but shall only 
have a casting vote therein. [ Amendment adopted 
November 8, 1898. | 


[ORIGINAL SECTION.] 


See. 15. A lieutenant-governor shall be elected at 
the same time and places, and in the Same manner, 
as the governor; and his term of office and his quali- 
fications of eligibility shall also be the same. He 
shall be president of the senate, but shall have only 
a casting vote therein. If, during a vacancy of the 
office of governor, the lieutenant-governor shall be 
impeached, displaced, resign, die, or become incapa- 


Art. V, § 16 CONSTITUTION OF 1879. - 132 


ble of performing the duties of his office, or be ab- 
sent from the state, the president pro tempore of the 
senate shall act as governor until the vacancy be 
filled or the disability shall cease. The lieutenant- 
governor shall be disqualified from holding any other 
office, except as specially provided in this constitu- 
tion, during the term for which he shall have been, 
elected. 


Sec. 16. In case of the impeachment of the goy- 
ernor, or his removal from office, death, inability 
to discharge the powers and duties of his office, 
resignation, or absence from the state, the powers 
and duties of the office shall devolve upon the 
lieutenant-governor for the residue of the term, 
or until the disability shall cease. And should the 
lieutenant-governor be impeached, displaced, re- 
sign, die, or become incapable of performing the 
duties of his office, or be absent from the state, 
the president pro tempore of the senate shall 
act as governor until the vacancy in the office of 
governor shall be filled at the next general elec- 
tion, when members of the legislature shall be 
chosen, or until such disability of the heutenant- 
governor shall cease. In case of a vacancy in the 
office of governor for any of the reasons above 
named,and neither the lieutenant-governor nor the 
president pro tempore of the senate succeed.to the 
powers and duties of governor, then the powers 
and duties of such office shall devolve upon the 
speaker of the assembly, until the office of goy- 
ernor shall be filled at such general election. 
[Amendment adopted November 8, 1898. ] 


133 CONSTITUTION OF 1879. Art. V, §§ 16,17 


[ORIGINAL SECTION.] 


Sec. 16. In case of the impeachment of the govy- 
ernor, or his removal from office, death, inability to 
discharge the powers and- duties of the said office, 
resignation, or absence from the state, the powers 
and duties of the office shall devolve upon the lieu- 
tenant-governor for the residue of the term, or until 
the disability shall cease. But when the governor 
shall, with the consent of the legislature, be out of 
the state in time of war, at the head of any military 
force thereof, he shall continue commander-in-chief 
of all the military force of the state. 


Sec. 1%. A secretary of state, a controller, a 
treasurer, an attorney general, and a surveyor 
general shall be elected at the same time and 
places, and in the same manner as the governor 
and lieutenant-governor, and their terms of office 
shall be the same as that of the governor. 


EXECUTIVE OFFICERS.—Neither an appointment 
by the governor, nor an election by the people, had 
before the election of governor, can deprive the peo- 
ple of their right to fill the office of controller at 
such election. (Brooks v. Melony, 15 Cal. 58.) 

The controller is a ministerial officer and has no 
discretion as to the issuance of warrants for ap- 
propriations. (McCauley v. Brooks, 16 Cal. 11.) 

Although the constitution is wholly silent as to 
the duties of the attorney general, secretary of state, 
controller, and treasurer; and contains no express 
limitation on the power of the legislature as to the 
same, yet a limitation on their power is necessarily 
implied from the nature of these offices. (Love v. 
Baehr, 47 Cal. 364.) 

The legislature may devolve on the secretary of 
state the performance of services foreign to the of- 
fice, and may pay him a salary therefor in addition 

Constitution—12 


Art. V, §§ 18,19 CONSTITUTION oF 1879. 134 


to his salary as secretary of state. (Melone vy. State, 
51°Cal. 549; Green v. State, 51 Cal. 577.) 

In assigning duties to these officers, the legislature 
possesses a wide discretion, and while the legisla- 
ture cannot compel the attorney general to perform 
the duties of a member of the board of examiners, 
it may compensate him for doing so voluntarily. 
(Love v. Baehr, 47 Cal. 364.) 


Sec. 18. The secretary of state shall keep a 
correct record of the official acts of the legisla- 
tive and executive departments of the government, 
and shall, when required, lay the same, and all 
matters relative thereto, before either branch of 
the legislature, and shall perform such other 
duties as may be assigned him by law. 


Sec. 19. The governor, lieutenant-goyvernor, 
secretary of state, controller, treasurer, attorney 
general, and surveyor general shall, at stated 
times during their continuance in office, receive 
for their services a compensation which shall not 
be increased or diminished during the term for 
which they shall have been elected, which com- 
pensation is hereby fixed for the following officers 
for the two terms next ensuing the adoption of 
this constitution, as follows: Governor, six thou- 
sand dollars per annum; lieutenant-governor, the 
same per diem as may be provided by law for the 
speaker of the assembly, to be allowed only during 
the session of the legislature; the secretary of 
state, controller, treasurer, attorney general, and 
surveyor general, three thousand dollars each 


; Achy DEC lsh Ve 
Election of United States Senators. 


Section, 20. United States senators shall be elected by the people 
of the state in the manner provided by law. (Adopted Novem- 
ber 3, 1914.) 









% 
3 


135 CONSTITUTION OF 1879. Art. V, § 20 


per annum, such compensation to be in full for all 
services by them respectively rendered in any 
official capacity or employment whatsoever during 
their respective terms of office; provided, however, 
that the legislature, after the expiration of the 
terms hereinbefore mentioned, may, by law, di- 
minish the compensation of any or all of such 
ov-icers, but in no case shall have the power to 
increase the same above the sums hereby fixed by 
this constitution. No salary shall be authorized 
by law for clerical service, in any office provided 
for in this article, exceeding sixteen hundred 
dollars per annum for each clerk employed. The 
legislature may, in its discretion, abolish the office 
of surveyor general; and none of the officers here- 
inbefore named shall receive for their own use 
any fees or perquisites for the performance of 
any official duty. 


Sec. 20. The governor shall not, during his 
term of office, be elected a senator to the senate 
of the United States. 


UNITED STATES SENATE.—This provision is in- 
valid and not binding upon the United States senate. 
The qualification of members of that body being fixed 
by the United States constitution, additional ones 
cannot be required by the states. (Barney v. Me- 
Creery, 1 Cong. Hl. Cas. 167; Turney v. Marshall, 
2 Cong. Hl. Cas. 167; Trumbull’s Case, 2 Cong. El. 
Cas. 618.) 


Art. VI CONSTITUTION OF 1879. 136 | 


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ARTICLE VI. 
JUDICIAL DEPARTMENT. 


Judicial powers. 

Supreme court, how constituted. 

Election of supreme justices. 

Jurisdiction of supreme court. 

Superior court, jurisdiction. 

Superior court, how constituted. 

Superior judges, apportionment of business. 

Judge may hold court in other county—Judge 
pro tempore. 

Leave of absence—Limitation of time, 

Justices and judges, how removed. 

Justices of the peace, provision for. 

Courts of record. 

Jurisdiction of inferior courts to be fixed by 
legislature. 

Clerks of courts and court commissioners. 

Judicial officers not to receive fees and per- 
quisites. 

Supreme court opinions to be published. 

Compensation of justices and judges. 

Justices and judges ineligible to other offices. 

Charges to juries. 

Style of process. 

Reporter of supreme court decisions. 

Judges not to practice law. 

Eligibility of justices and judges. 

Condition precedent to draft of salary. 


Const.: Art. VI, Sec. 1. 
Judicial power; how vested. 

Section 1. The judicial power of the state shall be vested in 
the senate, sitting as a court of impeachment, in a supreme court, 


district courts of appeal, superior [courts and] such inferior courts 
as the legislature may establish in any incorporated city or town, 
{township, county,] or city and county. {Amendment adopted 
October 10, 1911. ] 





Pd 





CONSTITUTIONAL AMENDMENTS 


Approved at Election, November 8, Igo4, 





Hennings Constitution, p. 191. 
ARTICLE VI. 
JUDICIAL DEPARTMENT. 


Section 1. The judicial power of the state shall 
be vested in the senate, sitting as a court of im- 
peachment, in a supreme court, district courts of 
appeal, superior courts, justices of the peace, and 
such inferior courts as the legislature may establish 
in any incorporated city or town, or city and county. 





oa 





137 CONSTITUTION OF 1879. ACE VISES TD 


Section 1. The judicial power of the stateshall 
be vested in the senate sitting as a court of im- 
peachment, in a supreme court, superior courts, 
justices of the peace, end such inferior courts as 
the legislature may establish in any incorporated 
city or town, or city and county. 


JUDICIAL DEPARTMENT — Pre-constitutional 
courts.—The correctness of the proceedings of the 
courts exercising Civil jurisdiction in California be- 
tween the time of its acquisition by the United States 
and the establishment of a state government are not 
to be tested by the strict rules of the civil or common 
law. (Ryder v. Cohn, 37 Cal. 69.) 


Judicial power.—It is the inherent authority not 
only to decide but to make binding orders or judg- 
ments which constitutes judicial power. (People v. 
Hayne, 838 Cal. 111, 23 Pace. 1.) 

The legislature cannot enjoin upon a private per- 
sonthe duty of settling a bill of exceptions, nor require 
a judge to continue to discharge judicial duties af- 
ter his term of office has expired, though it may au- 
thorize him to settle such bill. (Leach v. Aitken, 91 
Cal. 484, 28 Pac. 777.) 

The matter of the adoption of children is not part 
of the judicial power within the meaning of this sec- 
tion, and may, therefore, be conferred upon a judge 
as distinguished from the court. (In re Stevens, 83 
AL hee, eek AC. oie.) 

A tribunal presided over by a police judge is a 
court. (Boys’ and Girls’ Aid Soc. v. Reis, 71 Cal. 
627, 12 Pac. 796.) 

The legislature cannot confer jurisdiction of special 
cases upon a judge as distinguished from a court. 
(Spencer ete. Co. v. Vallejo, 48 Cal. 70.) 

An act creating supreme court commissioners to 
assist the court—which commissioners simply ex- 
amine the record and report to the court their con- 
clusions—is not unconstitutional as vesting judicial 
power in the commissioners. (People v. Hayne, 83 
Capen, 23 Pac. 1.) 


Art. ¥.1;-3.1 CONSTITUTION OF 1879. 188 


Inferior courts.—A freeholders’ charter is not a 
law within the meaning of this section, and, there- 
fore, an inferior court cannot be established by sueh 
charter. (People v. Toal, 85 Cal. 333, 24 Pac. 603; 
Miner vy. Justice’s Court, 121 Cal. 264, 53 Pac. .795; 
Ex parte Sparks, 120 Cal. 395, 52 Pac. 715.) 

This section limits the power of the legislature to 
the establishment of municipal and inferior courts 
within the limits of an incorporated city or town. 
(Hx parte Stratman, 39 Cal. 517.) 

The municipal criminal court of San Francisco is 
an inferior court within the meaning of this section. 
(Ex parte Stratman, 39 Cal. 517; People v. Nyland, 
41 Cal. 129.) 

The police court of San Francisco was not abol- 
ished by the constitutional amendments in 1862. 
(People v. Provines, 34 Cal. 520.) 

The term “municipal courts” has a legal meaning 
and includes mayors’ and recorders’ courts. (Uridias 
»Vv. Morrill, 22° Cal. 473.) 

The legislature may vest in inferior courts jurisdic- 
tion of cases of which the courts established by the 
coustitution have jurisdiction. (Hickman y. O’Neal, 
10 Cal. 292; Seale v. Mitchell, 5 Cal. 401; Vassault 
v. Austin, 36 Cal. 691; Curtis v. Richards, 9 Cal. 33.) 

The legislature may authorize a municipal court 
to send its process beyond the territorial limits of 
the municipality. (Hickman v. O’Neal, 10 Cal. 292. 
Meyer v. Kalkman, 6 Cal. 582, overruled.) 

Judges of the police court of San Francisco are 
not affected by the provisions of the County Goy- 
ernment Act, but derive their power from this sec- 
tfon and the act of 1893. (Kahn v. Sutro, 114 Cal. 
316, 46 Pac. 87; In re Mitchell, 120 Cal. 384, 52 Pac. 
799. But see People v. Cobb, 21 Cal. Dec. 779.) 

An act creating police courts in cities having fif- 
teen thousand, and under eighteen thousand, inhabi- 
tants, not being in conformity with the general clas- 
sification of municipal corporations, is void. (Ex 
parte Giambonini, 117 Cal. 578, 49 Pac. 732.) 

An act creating a justice’s court for one particu- 
lar named town, and fixing its jurisdiction, is not 
authorized by this section. (Miner vy. Justice’s Court, 
121 Cal. 264, 53 Pac. 795.) , 


139 CONSTITUTION OF 1879. Art. VI, § 2 


The late superior court of San Francisco was an 
inferior court, but its process ran outside of the city. 
(Chipman v. Bowman, 14 Cal 157; McCauley v. Ful- 
ton, 44 Cal. 355.) 

Sec. 2. The supreme court shall consist of a 
chief justice and six associate justices. The court 
may sit in departments and in bank, and shall 
always be open for the transaction of business. 
There shall be two departments, denominated, 
respectively, department one and department two. 
The chief justice shall assign three of the as- 
sociate justices to each department, and such as- 
signment may be changed by him from time to 
time. The associate justices shall be competent 
to sit in either department, and may interchange 
with each other by agreement among themselves 
or as ordered by the chief justice. Each of the 
departments shall have the power to hear and 
determine causes and all questions arising therein, 
subject to the provisions hereinafter contained in 
relation to the court in bank. The presence of 
three justices shall be necessary to transact any 
business in either of the departments, except sucly 
as may be done at chambers, and the concurrence 
of three justices shall be necessary to pronounce 
a judgment. The chief justice shall apportion 
the business to the departments, and may, in his 
discretion, order any cause pending before the 
court to be heard and decided by the court in 
bank. The order may be made before or after 
judgment pronounced by a department; but where 


Art. VI, § 2 CONSTITUTION OF 1879. 140 


a cause has been allotted to one of the depart- 
ments, and a judgment pronounced thereon, the 
order must be made within thirty days after such 
judgment, and concurred in by two associate 
justices, and if so made it shall have the effect 
to vacate and set aside the judgment. Any four 
justices may, either before or after judgment by 
a department, order a case to be heard in bank. 
If the order be not made within the time above 
limited the judgment shall be final. No judg- 
ment by a department shall become final, until 
the expiration of the period of thirty days afore- 
said, unless approved by the chief justice, in 
writing, with the concurrence of two associate 
justices. The chief justice may convene the 
court in bank at any time, and shall be the 
presiding justice of the court when so convened. 
The concurrence of four justices present at the 
argument shall be necessary to pronounce a judg- 
ment in bank; but if four justices, so present, do 
not concur in.a judgment, then all the justices 
qualified to sit in the cause shall hear the argu- 
ment; but to render a judgment a concurrence of 
four judges shall be necessary. In the deter- 
mination of causes, all decisions of the court in 
bank or in departments shall be given in writing, 
and the grounds of the decision shall be stated. 
The chief justice may sit in either department, 
and shall preside when so sitting, but the justices 
assigned to each department shall select one of 


141 CONSTITUTION OF 1879. Art. VI,'§ 2 


their number as presiding justice. In case of the 
absence of the chief justice from the place at 
which the court is held, or his inability to act, 
the associate justices shall select one of their own 
number to perform the duties and exercise the 
powers of the chief justice during such absence 
or inability to act. 


SUPREME COURT.—This section by implica- 
tion forbids the legislature to increase the number 
of justices of the supreme court. (People v. Wells, 
2 Cal. 198, 610.) 

In the absence of any provision on the subject, 
all the judges composing the court must sit. (People 
v. Ah Chung, 5 Cal. 103; People v. Barbour, 9 Cal. 
230.) 

The word “heard’ means the consideration and 
determination of a cause by the court. (Niles v. Ed- 
wards, 95 Cal. 41, 30 Pace. 184.) 

It is not necessary that four justices be physically 
present at an oral argument, nor that all of the jus- 
tices qualified to “sit”? shall literally “hear” an ar- 
gument; but whenever there is an oral argument, 
only the justices who were present at such argument 
are authorized to take part in the decision of the 
court. (Niles v. Edwards, 95 Cal. 41, 30 Pac. 184.) 

The fact that one of the judges who participated in 
a decision of the court did not hear the oral argu- 
ment does not render the judgment absolutely void. 
It is an irregularity which may be waived by the 
parties. (Blanc v. Bowman, 22 Cal. 23.) 

The constitution requires the concurrence of four 
judges to pronounce a judgment, and a mere failure 
to agree cannot have the effect, ipso facto, of an 
affirmance; and where the personnel of the court is 
soon to be changed, a motion to affirm the judgment 
on account of an equal division of opinion will be 
denied. (I.uco v. De Toro, 88 Cal. 26, 25 Pac. 983.) 

But where there is no probability of an immediate 
change in the personnel of the court, the judgment 
will be affirmed. (Frankel v. Deidesheimer, 93 Cal. 


Art. VI, §2 CONSTITUTION OF 1879. 142 


73, 28 Pac. 794; Santa Rosa City R. R. Co. vy. Rail 
way Co., 112 Cal. 486, 44 Pac. 733.) 

Opinions.—The legislature cannot require the 
supreme court to give in writing reasons for its de- 
cisions. (Houston vy. Williams, 13 Cal. 24.) 

Rehearings.—In an original proceeding in the 
supreme court the proper practice is to move for 
a rehearing, and a motion for a new trial is not 
proper. (In re Philbrook, 108 Cal. 14, 40 Pac. 1061: 
Grangers’ Bank-v. San Francisco, 101 Cal. 198, 35 
Pac. 642.) 

There is only one supreme court, and the juris- 
diction which is vested in it may be exercised either 
in bank or in department. The court in bank has 
power to correct an error in or modify a judgment 
rendered in a department, without application there- 
for, and without the case being argued in bank. 
(Niles v. Edwards, 95 Cal. 41, 30 Pac.. 134.) 

Although a petition for a rehearing by the court 
in bank is filed within thirty days after the judg- 
ment in department, if it does not reach the hands 
of the court until after the expiration of the period 
allowed by the constitution for ordering a rehear- 
ing, the petition must be denied, irrespective of its 
merits. (Durgin v. NeaJ, 82 Cal. 595, 23 Pac. 1338.) 

The provision of this section as to the granting 
of rehearings in bank after the decision by a de 
partment does not create an implication against the 
constitutional power of the court in bank to grant 
rehearings in cases determined by it in bank. (In re 
Jessup, 81 Cal. 408, 21 Pac. 976, 22 Pac. 742.) 

The supreme court, in bank, has power to grant 
reheatings by orders of the court entered upon its 
minutes, without the written signatures of five jus- 
tices, and the legislature cannot take that power 
away. (In re Jessup, 81 Cal. 408, 21 Pac. 976, 22 
Pac. 742.) 

An order modifying a judgment is not rendered 
nugatory by reason of the failure of the clerk to 
enter it in the minutes until after the expiration of 
thirty days from the judgment in department. (Niles 
v. Edwards, 95 Cal. 41, 30 Pac. 1384.) 


143 CONSTITUTION OF 1879. Art. VI, §3 


Remittitur.—_The supreme court has no appellate 
jurisdiction over its own judgments. (Leese v. Clark, 
20 Cal. 387.) 

Therefore, after the issuance of the remittitur, the 
court loses jurisdiction of the cause. (Blane v. Bow- 
man, 22 Cal. 23; Grogan yv. Ruckle, 1 Cal. 193; Mateer 
v. Brown, 1 Cal. 231;. Davidson v. Dallas, 15 Cal. . 
75; Herrlich v. McDonald, 88 Cal. 505, 23 Pac. 710: 
In re Levinson, 108 Cal. 450, 41 Pac. 483, 42 Pac. 
479; Martin v. Wagner, 124 Cal. 204, 56 Pac. 1023.) 

After the remittitur has been duly and regularly 
issued without inadvertence, the court has no power 
to recall it, except in a case of mistake, fraud, or 
imposition. (In re Levinson, 108 Cal. 450, 41 Pace. 
483, 42 Pac. 479.) 

The mere pendency of a motion to modify the 
judgment is not sufficient ground for recalling the 
remittitur, when it was issued without inadvertence. 
({Herrlich v. McDonald, 83 Cal. 505, 28 Pac. 710.) 

Nor is the fact that it was issued after the death 
of one of the parties ground for.recalling it. (Martin 
v. Wagner, 124 Cal. 204, 56 Pac. 1023.) 

But the remittitur may be recalled if issued by 
reason of fraud or imposition. (Trumpler v. Trump- 
ler, 128 Cal. 248, 55 Pac. 1008.) 


Sec. 3. The chief justice and the associate jus- 
tices shall be elected by the qualified electors 
of the state at large at the general state elections, 
at the times and places at which state officers are 
elected; and the term of office shall be twelve 
years, from and after the first Monday after the 
first day of January next succeeding their elec- 
tion; provided, that the six associate justices 
elected at the first election shall, at their first 
meeting, so classify themselves, by lot, that two 
of them shall go out of office at the end of four 
years, two of them at the end of eight years, and 


Art. VI, § 4 CONSTITUTION OF 1879. 144 


two of them at the end of twelve years, and an 
entry of such classification shall be made in the 
minutes of the court in bank, signed by them, 
and a duplicate thereof shall be filed in the office 
of the secretary of state. If a vacancy occur in 
the office of a justice, the governor shall appoint 
a person to hold the office until the election and 
qualification of a justice to fill the vacancy, which 
election shall take place at the next succeeding 
general election, and the justice so elected shall 
hold the office for the remainder of the unexpired _ 
term. The first election of the justices shall be 
at the first general election after the adoption 
and ratification of this constitution. 


JUSTICES.—Absence of a justice from the state 
is not such a vacancy as can be supplied by the exec- 
utive, and an act authorizing an appointment in sucb 
a case is unconstitutional. (People v. Wells, 2 Cal 
198, 610.) 

Sec. 4. The supreme court shall have appellate 
Jurisdiction in all cases in equity, except such as 
arise in justices’ courts; also, in all cases at law 
which involve the title or possession of real estate, 
or the legality of any tax, impost, assessment, 
toll, or municipal fine, or in which the demand, 
exclusive of interest or the value of the property 
in controversy, amounts to three hundred dollars; 
~ also, in cases of forcible entry and detainer, and 
in proceedings in insolvency, and in actions to 
prevent or abate a nuisance, and in all such pro- 
bate matters as may be provided by law; also, in 








Hennings Constitution p. 198. 

Sec. 4. [Art. VI] The supreme court shall have 
appellate jurisdiction on appeal from the superior 
courts in all cases in equity, except such as arise in 
justices”¢ourts; also, inalleases atlaw which involve 
the title or possession of real estate, or the legality 
of any tax, impost, assessment, toll, or municipal 
fine, or in ‘which the “demand, exclusive of interest, 
or the value of the property in controversy, amounts 
to two thousand dollars; also, in all such probate 
matters as may bé provided by law; also, on ques- 
tions of law alone, in all criminal cases where judg- 
ment of death has been rendered; the said court 
shall also have appellate jurisdiction in all cases, 
matters, and proceedings pending before a district 
court of appeal which shall be ordered by the su- 
preme court to be transferred to itself for hearing 
and decision, as hereinafter provided. The said 
court shall also have power to issue writs of man- 
damus, certiorari, prohibition, and habeas corpus, 
and all other writs necessary or proper to the com- 
plete exercise of its appellate jurisdiction. Hach of 
the justices shall have power to issue writs of 
habeas corpus to any part of the state, upon peti- 
tion by or on behalf of any person held in actual 
custody, and may make such writs returnable be- 
fore himself or the supreme court, or before any 
district court of appeal, or before any judge thereof, 
or before any Superior court in the state, or before 
any judge thereof. 

The state is hereby divided into three appellate 
districts, in each of which there shall be a district 
court of appeal consisting of three justices. The 
first district shall embrace the following counties: 
San Francisco, Marin, Contra Costa, Alameda, San 
Mateo, Santa Clara, Fresno, Santa Cruz, Monterey, 
and San Benito. 

The second district shall embrace the following 
counties: Tulare, Kings, San Luis Obispo, Kern, 
Inyo, Santa Barbara, Ventura, Los Angeles, San 
Bernardino, Orange, Riverside, and San Diego. 

The third district shall embrace the following 
counties: Del Norte, Siskiyou, Modoc, Humboldt, 
Trinity, Shasta, Lassen, Tehama, Piumas, Mendo- 
cino, Lake, Colusa, Glenn, Butte, Sierra, Sutter, 
Yuba, Nevada, Sonoma, Napa, Yolo, Placer, Solano, 
Sacramento, El Dorado, San Joaquin, Amador, Cal- 


1 




















averas Stanislaus, Mariposa, -Madera, Merced, 
Tuolumne, Alpine, and Mono. 

The supreme court, by orders entered in its min- 
utes, may from time to time remove one or more, 
counties from one appellate district to another, but 
no county not contiguous to another county of a 
district shall be added to such district. 

Said district courts of appeal shall hold their reg- 
ular sessions respectively at San Francisco, Los 
Angeles, and Sacramento, and they shall always be 
open for the transaction of business. 

The district courts of appeal shall have appellate 
jurisdiction on appeal from the superior courts in 
all cases at law in which the demand, exclusive of 
interest, or the value of the property in controversy, 
amounts to three hundred dollars, and doesnot 
amount to two thousand dollars; also, in all cases 
of forcible.and unlawful entry and detainer (except 
such as arise in justices’ courts), in proceedings in 
insolvency, and in actions to prevent or abate a 
nuisance; in proceedings of mandamus, certiorari, 
and vrohibition, usurpation of office, contesting 
elections and eminent domain, and in such other 
special proceedings as may be provided by law (ex- 
cepting caseS in which appellate jurisdiction is 
given to the supreme court); also, on questions of 
law alone, in all criminal cases prosecuted by in- 
dictment or informf#tfon~in a court of record, ex- 
cepting criminal cases where judgment of death has 
been rendered. The said courts shall also have ap- 
pellate jurisdiction in all cases, matters, and pro- 
ceedings pending before the supreme court which 
shall be ordered by the supreme court to he trans- 
ferred to a district court of appeal for hearing and 
decision. The said courts shall also have power to 
issue writs of mandamus, certiorari, prohibition, 
and habeas corpus, and all other writs necessary or 
proper to the complete exercise of their appellate 
jurisdiction. Each of the justices thereof shall have 
power to issue writs of habeas corpus to any part 
of his appellate district upon petition by or on be- 
half of any person held in actual custody, and may 
make such writs returnable before himself or the 
district court of appeal of his district, or before any 
superior court within his district, or before any 
judge thereof, 

The supreme court shall have power to order any 


12. 














cause pending before the supreme court to be heard 
and determined by a district court of appeal, and to 
order any cause pending before a district court of 
appeal to be heard and determined by the supreme 
court. The order last mentioned may be made be- 
fore judgment has been pronounced by a district 
court of appeal, or within thirty days after such - 


judgment shall have become final therein. The” 


judgments of the district courts of appeal shall be- 
come final therein upon the expiration of thirty 
days after the same shall have been pronounced. 

The supreme court shall have power to order 
causes pending before a district court of appeal for 
one district to be transferred to the district court of 
appeal of another district for hearing and decision. 

The justices of the district courts of appeal shall 
be elected by the qualified electors within their re- 
spective districts at the general state elections at 
the times and places at which justices of the su- 
preme court are elected. Their terms of office and 
salaries shall be the same as those of justices of 
the supreme court, and their salaries shall-be paid 
by the state. Upon the ratification by the people of 
this amendment the governor shall appoint nine 
persons to serve as justices of the district courts 
of appeal until the first Monday after the first day 
of January in the year 1907, provided, that not more 
than six of said pversons shall be members of the 
same political party. At the election in the year 
1906 nine of such justices shall be elected as above 
provided, and the justices of each district court of 
appeal shall so classify themselves by lot that one 
of them shall go out of office at the end of four 
years, one of them at the end of eight years, and 
one of them at the end of twelve years; an entry 
of such classification shall be made in the minutes 
of the court, signed by the three justices thereof, and 
a duplicate thereof filed in the office of the secretary 
of state. If any vacancy occur in the office of a 
justice of the district courts of appeal, the governor 
shall appoint a person to hold office until the elec- 
tion and qualification of a justice to fill the vacan- 
cy; such election shall take vlace at the next suc- 
ceeding general state election as aforesaid; the 
justice then elected shall hold the office for the 
unexpired term. 

One of the justices of each of the district courts 


3 

































of appeal shall be the presiding justice thereof, and 
as Such shall be appointed or elected as the case 
may be. The presence of three justices shall be 
necessary for the transaction of any business by 
such court, except such as may be done at cham- 
bers, and the concurrence of three justices shall 
be necessary to pronounce a judgment. 

Whenever any justice. of the supreme court is for 
any reason disyualified or unable to act in a cause 
pending before it, the remaining justices may select 
one of the justices of a district court of appeal to 
act pro tempore in the place of the justice so dis- 
qualified or unable to act. 

Whenever any justice of a district court of appeal 
is for any reason disqualified or unable to act in 
any cause pending before it, the supreme court may 
appoint a justice of the district court of appeal of 
another district, or a judge of a superior court who 
has not acted in the cause in the court below, to act 
pro tempore in the place of the justice so disqual- 
ified or unable to act. 

No appeal taken to the supreme court or to a 
district court of appeal shall be dismissed for the 
reason only that the same was not taken to the 
proper court, but the cause shall be transferred to 
the proper court upon such terms as to costs or 
otherwise as may be just, and shall be proceeded 
with therein as if regularly appealed thereto. 

All statutes now in force allowing, providing for, 
or regulating appeals to the supreme court shall 
apply to appeals to the district courts of appeal so 
far as such statutes are not inconsistent with this 
article and until the legislature shall otherwise 
provide. 

The supreme court shall make and adopt rules 
not inconsistent with law for the government of the 
Supreme court and of the district courts of appeal 
and of the officers thereof, and for regulating the 
practice in said courts, 





145 CONSTITUTION OF 1879. Art. VI, § 4 


all criminal cases prosecuted by indictment, or 
information in a court of record on questions of 
law alone. The court shall also have power to 
issue writs of mandamus, certiorari, prohibition, 
and habeas corpus, and all other writs necessary 
or proper to the complete exercise of its appellate 
jurisdiction. Each of the justices shall have 
power to issue writs of habeas corpus to any part 
of the state, upon petition by or on behalf of any 
person held in actual custody, and may make 
such writs returnable before himself, or the su- 
preme court, or before any superior court in the 
state, or before any judge .thereof. 


JURISDICTION—In general.—The jurisdiction of 
the courts as established by the constitution cannot 
be altered by the legislature. (Thompson v. Will- 
iams, 6 Cal. 88; Hicks v. Bell, 3 Cal. 219; Burgoyne 
v. Supervisors. 5 Cal. 9; Parsons v. Tuolumne Co. 
Water Co., 5 Cal. 48; People v. Applegate, 5 Cal. 
295; Fitzgerald vy. Urton, 4 Cal. 235; Wilson v. Roach, 
4 Cal. 862; Zander v. Coe, 5 Cal. 230; Haight v. Gay, 
8S Cal. 297; People v. Peralta, 3 Cal. 379; Caulfield 
v. Hudson, 3 Cal. 889. But see Seale v. Mitchell, 5 
Cal. 401; People v. Day, 15 Cal. 91.) 

An affirmative grant of jurisdiction is negative of 
all others. (Burgoyne v. Supervisors, 5°Cal. 9.) 

But the grant of original jurisdiction to a partic- 
ular court, of a particular class of cases, without 
any words excluding other courts from exercising 
jurisdiction in the same cases, does not deprive other 
courts of concurrent jurisdiction in such cases, when 
such courts are given jurisdiction in general terms 
broad enough to include such particular cases. (Court- 
wright v. Bear River ete. Co., 30 Cal. 573. Zander 
v. Coe, 5 Cal. 230, distinguished.) 

Where jurisdiction is given in all cases not other- 
wise provided for it is not exclusive. (People v. Fow- 
ler, 9 Cal. 85.) 

Constitution—13 


Art. VI, § 4 CONSTITUTION oF 1879. 146 


Consent will not confer jurisdiction. (Feillett v. 
Engler, 8 Cal. 76.) 

Sevens court.—The supreme court acquired its 
jurisdiction from the constitution, and such jurisdic- 
ton can neither be enlarged nor abridged by the leg- 
islature. (In re Jessup, 81 Cal. 408; 21 Pac. 976, 22 
Pac. 742; Ex parte Attorney General, 1 Cal. 85.) 

The constitution has not clothed the supreme court 
with the same powers and jurisdiction as the court 
of king’s bench in England. (Ex parte Attorney Gen- 
eral, 1 Cal. 85.) 

Procedure.—The right of appeal-is conferred by 
the constitution, and statutes and rules of procedure 
for its exercise are to be liberally construed; and 
no appeal will be dismissed on technical grounds, 
when there has been no violation or disregard of any 
express rules of procedure. (Hstate of Nelson, 123 
Cal. 242, 60 Pac. %72.) 

The legislature cannot impair or take away the 
appellate jurisdiction of the supreme court, but it 
may prescribe the mode in which appeals may be 
taken. (Haight v. Gay, 8 Cal. 297.) 

It is the duty of the supreme court, whose juris- 
diction is defined by the constitution, to secure uni- 
formity in the administration of justice, and the leg- 
islature, aS a co-ordinate branch of the government, 
cannot interfere with that function, or control the 
use by the appellate court of the power and discre- 
tion vested in it. (San Jose R. Co. v. San Jose 
ete. Co., 126 Cal. 322, 58 Pac. 824.) 

The supreme court cannot exercise appellate juris- 
diction by means of a writ of prohibition, without 
any appeal, and in a case to which its appellate 
jurisdiction does not extend. (Powelson vy. Lock- 
wood, 82 Cal. 613, 28 Pac. 148.) 

When the constitution gives the supreme court 
jurisdiction, and the legislature fails to prescribe the 
means for taking the appeal, the supreme court has 
inherent power to establish any appropriate system 
of procedure. (People v. Jordan, 65 Cal. 644, 4 Pac. 
683. But see Warner vy. Hall, 1 Cal. 90; Warner vy. 
Kelly, 1 Cal. 91; White v. Lighthall, 1 Cal. 347.) 

If the legislature has not provided a mode of ex- 
ercising the jurisdiction conferred by the constitu- 


ARTICLE VI, 


New Trial. 
Section 4%. No judgment shall be set aside, or new trial 


granted, in any case, on the ground of misdirection of the jury, 
or of the improper admission or rejection of evidence, or for any 


error as to any matter of pleading, or for any error as to any 
matter of procedure, unless, after an examination of the entire 
cause, including the evidence, the court shall be of tne opinion 
that the error complained of has resulted in a miscarriage of 
justice. (Adopted November 3, 1914.) 








147 CONSTITUTION OF 1879. Art. VI, § 4 


tion, a case may be brought up from an inferior 
court to the supreme court by writ of error. (Ex 
parte Thistleton, 52 Cal. 220; Adams Vv. Town, 3 
Cal. 247.) 

_ The legislature may prescribe the procedure by 
which the jurisdiction conferred is to be exercised, 
provided the regulations adopted do not substantially 
impair the constitutional power of the court, or prac- 
tically defeat its exercise. (Hx parte Harker, 49 
Cal. 465.) 

Cases at law.—The meaning of this section is that 
the supreme court shall have appellate jurisdiction 
in all cases at law; provided, that when the sub- 
ject of litigation is capable of pecuniary compensa- 
tion, the matter in dispute must exceed in value 
or amount the sum of three hundred dollars, unless 
a question of the legality of a tax, ete., is drawn 
in question. (Conant v. Conant, 10 Cal. 249.) 

Therefore, the supreme court has jurisdiction of 
a case where the matter in dispute is incapable of 
pecuniary estimation. (Conant v. Conant, 10 Cal. 
249.) 

The words “matter in dispute’ mean the subject 
of litigation—the matter for which suit is brought— 
and do not include costs. (Dumphy v. Guindon, 13 
Cal. 28; Maxfield v. Johnson, 30 Cal. 545; Zabriskie 
vy. Torrey, 20 Cal. 173; Votan v. Reese, 20 Cal. 89; 
Bolton v. Landers, 27 Cal. 106; Henigan v. Ervin, 
110 Cal. 87, 42 Pac. 457. Contra, Gordon v. Ross, 
2 Cal. 156, overruled.) 

But where the supreme court obtains jurisdiction 
of the appeal, it can correct the costs in the judg- 
ment. (Votan v. Reese, 20 Cal. 89.) 

Neither is percentage allowed by statute any part 
of the matter in dispute. (Zabriskie v. Torrey, 20 
Cal. 173.) 

Under the former constitution, before the amend- 
ments of 1862, it was held that the interest due forms 
part of the matter in dispute. (Skillman v. Lachman, 
23 Cal. 198; Malson v. Vaughn, 23 Cal. 61.) 

But under the amendment ‘of 1862 and under the 
present constitution the demand must exceed three 
hundred dollars, “exclusive of interest.” (Dashiell 
vy. Slingerland, 60 Cal. 653.) 


Art. VI, § 4 CONSTITUTION oF 1879. 148 


In cases at law, when the demand in controversy, 
exclusive of interest, is less than three hundred dol- 
lars, the supreme court has no jurisdiction. (Sweet 
v. Tice, 45 Cal. 71; Votan v. Reese, 20 Cal. 89; Max- 
field v. Johnson, 30 Cal. 545; Honkine v. Cheeseman, 
28 Cal. 180.) ~ 

The words ‘“‘eases atlaw.... which involve ..., 
the legality of any tax,” etc., refer to civil, as dis- 
tinguished from criminal, cases. (People v. Johnson, 
30' Cal. 98.) 

The record must affirmatively show that the case 
involves the constitutional amount, or the supreme 
court will not entertain jurisdiction. (Doyle v. Sea- 
wall, 12 Cal. 280.) 

If the appeal is by the plaintiff, and the verdict 
for the defendant, it is sufficient if the amount claimed 
by the complaint exceeds the jurisdictional amount. 
(Votan v. Reese, 20 Cal. 89; Skillman vy. Lachman, 
' 23 Cal. 198.) 

The ad damnum clause of the complaint is the 
test of jurisdiction of both the superior and supreme 
courts. and if the lower court had jurisdiction, the 
supreme court also has jurisdiction, whatever the 
amount recovered, and whether the appeal be taken 
by the plaintiff or the defendant. (Solomon y. Reese, 
34 Cal. 28, overruling Votan v. Reese, 20 Cal. 89; 
Dashiell vy. Slingerland, 60 Cal. 6538; Lord v. Gold- 
berg, 81 Cal. 596, 22 Pac. 1126; Henigan v. Hrvin, 
110 Cal. 37, 42 Pac. 457.) 

Where the plaintiff, having a judgment of more 
than the jurisdictional amount, sought to have a 
judgment against him for less than two hundred 
dollars set off against it, the supreme court has no 
jurisdiction of an appeal from an order denying the 
motion. (Crandall v. Blen, 15 Cal. 406.) 

The fact that an offset is pleaded by the defend- 
ant which, tegether with the demand of the plain- 
tiff, swells the amount to more than the jurisdic- 
tional amount, does not give the court jurisdiction. 
(Simmons v. Brainard, 14 Cal. 278.) 

The appellate jurisdiction of the supreme court ex- 
tends to an appeal from a judgment of a superior 
court dismissing a writ of certiorari, and affirming a 
judgment of a justice’s court, which amounts to less 


149 CONSTITUTION OF 1879. Art. VI, § 4 


than three hundred dollars. (Heinlen v. Phillips, 
88 Cal. 557, 26 Pac. 366. Bienenfeld v. Fresno etc. 
Co., 82 Cal. 425, 22 Pac. 1113, overruled.) 

The supreme court has no jurisdiction of an ap- 
peal from the superior court in an action commenced 
in the justice’s court under section 1206 of the Civil 
Code, whether-the action be viewed as a suit in 
equity to enforce a lien upon personal property, or an 
action at law for wages due. (Edsall v. Short, 122 
Cal. 5338, 55 Pac. 327.) 

The fact that the defendant in an action in a jus- 
tice’s court sets up a counterclaim in excess of three 
hundred dollars does not give the supreme court ju- 
risdiction on appeal. (Maxfield v. Johnson, 30 Cal. 
545.) 

A proceeding in the nature of a quo warranto to 
try the title to a public office, where the court can 
impose a fine of five thousand dollars, is a case at 
law in which the demand amounts to three hundred 
dollars. (People v. Perry, 79 Cal. 105, 21 Pac. 428; 
People v. Bingham, 82 Cal. 238, 22 Pac. 1039.) 


Real property.—Where a case is certified to the 
superior court from the justice’s court on the ground 
that it involves the title or possession of real prop- 
erty, the supreme court has jurisdiction on appeal, 
although no question is raised on that subject on the 
appeal. (Baker vy. Southern Cal. Ry. Co., 110 Cal. 
455, 42 Pac. 975.) 

A mere statement by counsel that a case involves 
the title or possession of real property is not sufficient 
to give the supreme court jurisdiction. (Raisch v. 
Sausalito Land ete. Co., 131 Cal. 215.) 

The supreme court has jurisdiction of an action 
for the usurpation of a franchise for a toll road, 
since the right to the possession of real property is 
involved. (People v. Horsley, 65 Cal. 381, 4 Pace. 
384.) 

The supreme court has jurisdiction in actions for 
damages to real property, when the title thereto is 
involved, although the damages claimed are less than 
three hundred dollars. (Doherty v. Thayer, 31 Cal. 
140.) 

Fines.—A fine imposed by a county court for wrong- 
fully demanding and collecting toll, is not a munici- 
pal fine. (People v. Johnson, 30 Cal. 98.) 


Art. VI, § 4 CONSTITUTION OF 1879. 150 


On the trial of a criminal action for wrongfully 
collecting toll, the legality of the fine to be imposed 
in case of a conviction is not involved. (People vy. 
Johnson, 30 Cal. 98.) 


Special cases.—The supreme court has jurisdiction 
of an appeal from an order discharging an insolvent. 
(Wisk v. His Creditors, 12 Cal. 281.) 

An arbitration is a special proceeding. (Fairchild 
v. Doten, 42 Cal. 125.) 

A proceeding to condemn land for the use of a rail- 
road company is a ‘special case.” (Stockton ete. Os 
v. Galgiani, 49 Cal. 189.) 

Special orders.—The supreme court has Appellants 
jurisdiction of all special orders made after final 
judgment in the superior court, without reference to 
the amount involved. (Southern Cal. Ry. Co. v. Su- 
perior Court, 127 Cal. 417, 59 Pac. 789; Harron v. 
Harron, 123 Cal. 508, 56 Pac. 3384. Langan vy. Lan- 
gan, 83 Cal. 618, 23 Pac. 290, and Fairbanks v. Lamp- 

kin, 99 Cal. 429, 34 Pac. 101, overruled.) 

A special order after judgment, refusing to strike 
out a cost-bill in the superior court in a case ap- 
pealed from the justice’s court, is not appealable to 
the supreme court, although the cost-bill amounts to 
over three hundred dollars. (Henigan vy. Ervin, 110 
Cal. 37, 42 Pac. 457.) 

An order for twenty-five dollars each month ali- 
mony, being a continuing order, may be reviewed 
upon appeal. (Langan yv. Langan, 86 Cal. 132, 24 Pac. 
852. See Harron v. Harron, 128 Cal. 508, 56 Pac. 334.) 


Criminal cases.—The supreme court has jurisdic- 
tion in criminal cases upon questions of law alone. 
(People v. Logan, 123 Cal. 414, 56 Pac. 56; People v. 
Kuches, 120 Cal. 566; 52 Pac. 1002; People v. Small- 
man, 55 Cal. 185; People v. Williams, 21 Cal. Dec. 
788.) 

The propriety of a conviction on the evidence be- 
comes a question of law only when there is a clear 
failure of: proof. (People v. Kuches, 120 Cai. 566, 
52 Pac. 1002; People v. Smallman, 55 Cal. 185.) 

The supreme court has appellate jurisdiction of all 
misdemeanors prosecuted by indictment or informa- 
tion. (People v. Jordan, 65 Cal. 644, 4 Pac. 683, pre- 
scribing a method for taking such appeals.) 


151 CONSTITUTION OF 1879. Art. VI, $4 


Under the former constitution, the supreme court 
had no jurisdiction in criminal cases, except such as 
amount to felony. (People v. Apgar, 35 Cal. 389; 
People v. Johnson, 30 Cal. 98; People v. Shear, 7 Cal. 
139; People v. Vick, 7 Cal. 165; People v. Applegate, 
5 Cal. 295.) 

The supreme court has jurisdiction of an appeal 
from a judgment sustaining a demurrer to an indict- 
ment for misconduct in office. (People v. Kalloch, 60 
Gals.113). 

The supreme court has jurisdiction of an appeal in 
a criminal case, although the lower court had no 
jurisdiction. (People v. Pingree, 61 Cal. 141.) 

The supreme court has no jurisdiction of an ap- 
peal from a judgment of a superior court, affirming 
a judgment of the police court, adjudging a defend- 
ant guilty of a misdemeanor, and imposing a fine 
of fifty dollars, it not being ‘‘a criminal case prose- 
cuted by indictment or information in a court of rec- 
ord.” (People v. Meiggs’ Wharf Co., 65 Cal. 99, 3 
Pac. 491.) 

Under the former constitution the jurisdiction of 
the supreme court in criminal cases on defendant’s 
appeal was not to be determined by the offense 
charged, but by the offense of which the defendant 
was convicted. (People v. Apgar, 35 Cal. 389.) 

Probate.—_The supreme court has jurisdiction of 
only such appeals in probate matters as are provided 
by law. (Hstate of Walkerly, 94 Cal. 352, 29 Pac. 
719; Estate of Ohm, 82 Cal. 160, 22 Pac. 927; Estate 
of Moore, 86 Cal. 58, 24 Pac. 816; Estate of Winslow, 
128 Cal. 311, 60 Pac. 931; Estate of Wittmeier, 118 
Cal. 255, 50 Pac. 393.) - 

An order compelling an administratrix to allow her 
name to be.used by a creditor of the estate is a pro- 
bate matter within the meaning of this section, and, 
not being one in which an appeal is provided by law, 
no appeal lies. (Hstate of Ohm, 82 Cal. 160, 22 Pac. 
927.) | 

Divorce.—An action for divorce is a case in equity 
within the meaning of this section. (Sharon v. Shar- 
on, 67 Cal. 185, 7 Pac. 456, 8 Pac. 709; Cassidy v. Sul- 
livan, 64 Cal. 266, 28 Pac. 234.) 


Art, VI, § 4 CONSTITUTION OF 1879. 152 


The supreme court has jurisdiction of an appeal in 
an action for divorce. (Conant v. Conant, 10 Cal. 
249.) 

Liens.—Under the former constitution, prior to the 
amendments of 1862, the supreme court had no juris- 
diction of an action to foreclose a mortgage or mie- 
chanic’s lien when the amount involved did not ex- 
ceed two hundred dollars. (Poland vy. Carrigan, 20 
Gal. 174.) Otherwise, since those amendments. (Wil- 
lis v. Farley, 24 Cal. 490, 499.) 

Writs.—The language of the present constitution 
giving the supreme court power to “issue writs of 
mandamus, certiorari, prohibition, and habeas corpus, 
and all other writs necessary or proper to the com- 
plete exercise of the appellate jurisdiction,” has the 
same meaning as the language in the former consti- 
tution giving it power to “issue writs of mandamus, 
certiorari, prohibition, habeas corpus, and also all 
writs necessary or proper to the complete exercise 
of its appellate jurisdiction.” Thus construed, the 
section gives the court. original jurisdiction to issue 
the writs specially named. (Hyatt v. Allen, 54 Cal. 
353.). 

The writ of prohibition mentioned in this section is 
the writ of prohibition as known to the common law, 
and its office is to restrain subordinate courts and in- 
ferior judicial tribunals from exceeding their juris- 
diction. (Maurer v. Mitchell, 53 Cal. 289.) 

The legislature cannot enlarge or extend the office 
of the writs: mentioned in this section. (Camron v. 
Kenfield, 57 Cal. 550; Farmers’ Union y. Thresher, 
62 Cal. 407; Hobart v. Tillson, 66 Cal. 210, 5 Pae. 83.) 

In issuing writs of mandamus or other prerogative 
writs, the supreme court and the several superior 
courts are peers—each having original ‘jurisdiction; 
and a determination thereon by a superior court is 
conclusive upon the supreme court, except on ap- 
peal. (Santa Cruz etc. Co. v. Santa Clara, 62 Cal. 
40.) 

The supreme court will not entertain an applica- 
tion for a writ of mandamus, or other prerogative 
writ, where the petition shows no sufficient reason 
why the application was not made to the superior 


153 CONSTITUTION OF 1879. Art. VI, § 4 


court. (Menzies v. Board of Equalization, 62 Cal. 
179.) 

The supreme court has appellate jurisdiction in 
eases of mandamus. (Palache v. Hunt, 64 Cal. 473, 
2 Pac. 245.) 

The supreme court has appellate jurisdiction in a 
proceeding in the nature of a quo warranto. (Peo- 
ple v. Perry, 79 Cal. 105, 21 Pac. 423.) 

The supreme court may exercise its appellate juris- 
diction by means of the writs mentioned in this sec- 
tion. (People v. Turner, 1 Cal. 143.) 

Mandamus is the proper remedy to compel the dis- 
trict court to restore an attorney whose name has 
been stricken from the rolls by the order of such 
court. (People v. Turner, 1 Cal. 143.) 

Prior to the amendment of 1862, the supreme court 
could issue writs of certiorari, ete., only in aid of its 
appellate jurisdiction. (Miliken vy. Huber, 21 Cal. A66; 
Ex parte Attorney General, 1 Cal. 85.) 

Under the amendment of 1862, the supreme Waar 
had jurisdiction to issue writs of mandamus, ete., 
without reference to its appellate jurisdiction. (Ty- 
ler v. Houghton, 25 Cal. 26; Miller v. Supervisors, 
25 Cal. 93.) 

The district courts had jurisdiction to issue writs 
of mandate regardless of the amount involved. (Car- 
iaga v. Dryden, 30 Cal. 244.) 

The jurisdiction of the supreme court in cases of 
eertiorari does not depend upon the amount in contro- 
versy. (Winter v. Fitzpatrick, 35 Cal. 269.) 

The writ of certiorari can be rightfully issued only 
upon an order of the court, made upon application 
for that purpose, and not upon an order of the jus- 
tices of the court as such, or any of them. (Smith 
v. Oakland, 40 Cal. 481.) 

Miscellaneous.—The supreme court has no jurisdic- 
tion of an appeal from a judgment in a proceeding 
under section 772 of the Penal Code, for the remov- 
al of public officers. (In re Curtis, 108 Cal. 661, 41 
Pac. 793; Wheeler v. Donnell, 110 Cal. 655, 48 Pace. 
iy 7 

The supreme court has appellate jurisdiction of an 
appeal in a civil proceeding to remove an officer. 
(Morton v. Broderick, 118 Cal. 474, 50 Pac. 644.) 


Art. VI, §5 CONSTITUTION OF 1879. 154 


The supreme court has no original jurisdiction to 
try the title to an office. (People vy. Harvey, 62 Cal. 
508.) 

The supreme court has appellate jurisdiction of an 
election contest. (Lord v. Dunster, 79 Cal. 477, 21 
Pac. 865.) 

The supreme court has no jurisdiction to natural- 
ize aliens. (Ex parte Knowles, 5 Cal. 300.) 

The supreme court has no jurisdiction of an appeal 
from a judgment of the district court upon appeal 
from the court of sessions. (Webb v. Hanson, 3 
Cal. 65.) ' 


Sec. 5. The superior court shall have original 
jurisdiction in all cases in equity, and in all cases 
at law which involve the title or possession of 
real property, or the legality of any tax, impost, 
assessment, toll, or municipal fine, and in all 
other cases in which the demand, exclusive of 
interest or the value of the property in contro- 
versy, amounts to three hundred dollars, and in 
all criminal cases amounting to felony, and cases 
of misdemeanor not otherwise provided for; of 
actions of forcible entry and detainer; of pro- 
ceedings in insolvency; of actions to prevent or 
abate a nuisance; of all matters of probate; of 
divorce and for annulment of marriage, and of 
all such special cases and proceedings as are not 
otherwise provided for. And said court shall 
have the power of naturalization, and to issue 
papers therefor. ‘They shall have appellate juris- 
diction in such cases arising in justices’ and other 
inferior courts in their respective counties as may 
be prescribed by law. They shall be always open 








Const.: Art. VI, Sec. 4%. 

Setting aside judgment in criminal cases. 

Section 4% [new]. No judgment shall be set aside, or new trial 
granted in any criminal case on the ground of misdirection of the 
jury or the improper admission or rejection of evidence, or for 
error as to any matter of pleading or procedure, unless, after an 
examination of the entire cause, including the evidence, the court 
shall be of the opinion that the error complained of has resulted in 
a miscarriage of justice. [New section adopted October 10, 1911.] 


Const.: Art. VI, Sec. 5. 
Jurisdiction of superior court. 

Section 5. The superior court shall have original jurisdiction in 
all cases in equity and in all cases at law which involve the title 
or possession of real property, or the legality of any tax, impost, 
assessment, toll, or municipal fine, and in all other cases in which 
the demand, exclusive of interest or the value of the property. in 
controversy amounts to three hundred dollars, and in all criminal 
cases amounting to felony, and cases of misdemeanor not other- 
wise provided for; of actions of forcible entry and detainer; of pro- 
ceedings in insolvency; of actions to prevent or abate a nuisance; 
of all matters of probate; of divorce and for annulment of mar- 
riage; and of all such special cases and proceedings as are not 
otherwise provided for, and said courts shall have the power of 
naturalization, and to issue papers therefor. They shall have appel- 
late jurisdiction in such cases arising [in inferior] courts in their 
respective counties aS may be prescribed by law. They shall be 
always open (legal holidays and non-judicial days excepted), and 
their process shal] extend to all parts of the state; provided, that 
all actions for the recovery of the possession_of, quieting the 
title to, or for the enforcement of liens upon real estate, ‘shall be be 
commenced in the county in which the real estate, or any part 
thereof, affected by such action or actions, is situated. Said 
courts, and their judges, shall have power to issue writs of man- 
damus, certiorari, prohibition, quo warranto, and habeas corpus, 
on petition by or on behalf of any person in actual custody, in 
their respective counties. Injunctions and writs of prohibition 
may be issued and served on legal holidays and non-judicial days. 
[Amendment adopted October 10, 1911.] 


155 CONSTITUTION OF 1879. BtutViiso 


(legal holidays and nonjudicial days excepted), 
and their process shall extend to all parts of the 
state; provided, that all actions for the recovery / 
of the possession of, quieting the title to, or for 
the enforcement of liens upon real estate, “shall 
be commenced in the county in which the real | 
estate, or any part thereof affected by such action 
or actions, is situated. Said courts, and their™ 
judges, shall have power to issue writs of man- 
damus, certiorari, prohibition, quo warranto, and 
habeas corpus, on petition by or on behalf of any 
person in actual custody in their respective coun- 
ties. Injunctions and writs of prohibition may 
be issued and served on legal holidays and non- 
judicial days. 


JURISDICTION OF SUPERIOR COURT —In 
general.—The superior court is a court of general 
jurisdiction. (Bishop v. Superior Court, 87 Cal. 226, 
25 Pac. 485; Campe v. Lassen, 67 Cal. 139, 7 Pac. 
430.) 

Its jurisdiction is conferred by the constitution, 
and cannot be taken away by the legislature. (Tulare 
v. Hevren, 126 Cal. 226, 58 Pac. 530.) 

This section was intended to be prospective only 
in its operation, and does not apply to actions pend- 
ing when the constitution went into effect. (Gurnee 
v. Superior Court, 58 Cal. 88; Watt v. Wright, 66 Cal. 
20205 “Pace 91.) 

This section does not prohibit the legislature from 
allowing judicial business to be transacted on a legal 
holiday or nonjudicial day. (People v. Soto, 65 Cal. 
621, 4 Pac. 664.) 

As to jurisdiction in general, sce note to last sec- 
tion. 

Cases at law.—The ad damnum clause of the com- 
plaint determines the jurisdiction of the superior 
court. (Dashiell v. Slingerland, 60 Cal. 6538; Jackson 


Art. VI, §5 CONSTITUTION OF 1879. 156 


v. Whartenby, 5 Cal. 94; Maxfield v. Johnson, 30 Cal. 
345; Greenbaum y. Martinez, 86 Cal. 459, 25 Pac. 12; 
Bailey v. Sloan, 65 Cal. 387, 4 Pac. 349; Derby v. 
Stevens, 64 Cal. 287, 30 Pace. 820; Rodley y. Curry, 
120 Cal: 541, 52 Pace. 999; Tulare v. Hevren, 126 Cal. 
226, 58 Pac. 530.) . 

The “demand” spoken of in this section is a de- 
mand for judgment, evidenced by the prayer of the 
complaint, and a statement of facts which can uphold 
the judgment prayed for. (Derby v. Stevens, 64 Cal. 
287, 30 Pac. 820, arguendo.) 

The jurisdiction depends upon the amount de- 
manded in good faith in the complaint. (Jackson vy. 
Whartenby, 5 Cal. 94, arguendo.) 

In an action for conversion, where the value of the 
property sued for and the money expended in pur- 
suit of it exceed three hundred dollars, the superior 
court has jurisdiction, although, separately consid- 
ered, neither of them is equal to that sum. (Green- 
baum v. Martinez, 86 Cal. 459, 25 Pac. 412.) 

The superior court has no jurisdiction of a counter- 
claim, under subdivision 2 of section 438 of the Code 
of Civil Procedure, for less than three hundred dol- 
lars, where it is not pleaded as a defense, but merely 
as a ground for affirmative relief. (Griswold v. 
Pieratt, 110 Cal. 259, 42 Pace. 820.) 

A counterclaim for less than three hundred dollars 
may be pleaded in an action in the superior court by 
way of defense, but no affirmative judgment can be 
rendered thereon. (Freeman y. Seitz, 126 Cal. 291, 
58 Pac. 690.) 

An action for less than the constitutional amount 
does not confer jurisdiction. (Page v. Ellis, 9 Cal. 
248.) 

But where the amount sued for exceeds the juris- 
dictional amount, the court has jurisdiction, although 
the amount recovered is less than that sum. (Solo- 
mon vy. Reese, 34 Cal. 28; Pennybecker v. McDougal, 
48 Cal. 160.) 

Costs are to be excluded in determining the juris- 
dictional amount. (Bradley v. Kent, 22 Cal. 169.) 

The interest due is also to be excluded. (Arnold v. 
Van Brunt, 4 Cal. 89.) 


157 CONSTITUTION OF 1879. Art. VIS5 


This rule applies to compound as well as to simple 
interest. (Christian v. Superior Court, 122 Cal. 117, 
54 Pace. 518.) 

But a penalty of fifty per cent. on the amount of 
principal and interest due on a promissory note, pro- 
vided for in the note in case of a suit thereon, is 
to be included in determining the jurisdictional 
amount. (Reed v. Bernal; 40 Cal. 628.) 

Also an attorney’s fee provided for in a note. (De 
Jarnatt v. Marquez, 132 Cal. 700.) 

An action to recover funds in the hands of a re- 
ceiver is an action at law. (Garniss v. Superior 
Court, 88 Cal. 413, 26 Pac. 351.) 

The superior court has jurisdiction of an action to 
recover money, although the amount claimed in each 
count is less than three hundred dollars, when the 
aggregate amount sued for exceeds that sum. (Bailey 
v. Sloan, 65 Cal. 887, 4 Pac. 349; Ventura County v. 
Clay, 114 Cal. 242, 46 Pac. 9.) 

The superior court has jurisdiction to enjoin an ac- 
tion in the justice’s court for the price of goods sold, 
when the defendant has a counterclaim for breach of 
warranty of the goods in excess of the jurisdiction of 
the justice’s court, and has brought an action for 
damages in the superior court. (Gregory v. Diggs, 
113 Cal. 196, 45 Pac. 261.) 

The superior court has no jurisdiction of an action 
to recover from one or more stockholders their sev- 
eral shares of a debt of a corporation, where the 
amount demanded from each is less than three hun- 
dred dollars, although the entire amount exceeds that 
sum. (Derby v. Stevens, 64 Cal. 287, 30 Pace. 820; 
Hyman vy. Coleman, 82 Cal. 650, 23 Pac. 62.) 

The superior court has no jurisdiction of an action 
upon separate and distinct promises of several de- 
fendants, contained in one instrument, to pay respec- 
tively sums less than three hundred dollars. (Thomas 
vy. Anderson, 58 Cal. 99.) 

An action to recover unpaid taxes is not a case in 
equity. but an action at law; and where the amount 
is less than three hundred dollars, the court has no 
jurisdiction; but an action to foreclose a lien for taxes 
is a case in equity, of which the superior court has 
jurisdiction regardless of the amount. (People vy. 

Constitution—14 


Art. VI, §5 CONSTITUTION OF 1879. 158 


Mier, 24 Cal. 61: Bell v. Crippen, 28 Cal. 327; People 
v. Olvera, 48 Cal. 492.) 

Cases in equity.—The legislature cannot take away 
the equity jurisdiction conferred by the constitution. 
(Rosenberg v. Frank, 58 Cal. 387.) 

But the constitutional grant of jurisdiction in all 
cases in equity was not intended as a limitation up- 
on the power of the legislature to regulate the rights 
of persons; and the legislature may create new rights, 
under which new cases in equity may arise, or cause 
some rights to cease to exist, so that certain cases 
which courts of equity once entertained can no long- 
er arise. (Spreckels v. Hawaiian Com. etc. Co., 117 
Gal. 377, 49 Pace. 353.) 

The grant of jurisdiction in all cases in equity con- 
fers the same jurisdiction as that formerly exercised 
by a court of chancery. (Sanford v. Head, 5 Cal. 297.) 

The superior court has jurisdiction of an action for 
an accounting between mortgagor and mortgagee, al- 
though the property is out of the state. (Peninsular 
ete. Co. v. Pacific etc. Co., 128 Cal. 689, 56 Pac. 604.) 

Where an action in equity involves matters of pro- 
bate jurisdiction, but no objection to the mode of 
exercising the jurisdiction is made in the trial court, 
it will be treated upon appeal as within the equity 
jurisdiction. (Simons v. Bedell, 122 Cal. 341, 55 Pac. 
3.) 

An action against a county for less than three 
hundred dollars, claimed as compensation for services 
rendered by the plaintiff as a member of the county 
board of education, is not a. suit in equity, and the 
superior court has no jurisdiction of it. (Wright y. 
Del Norte County, 115 Gal. 464, 47 Pac. 258.) 

The same superior court has jurisdiction both in 
equity and in matters of probate; and in an action in 
equity for an accounting against the executor of a 
deceased administrator, it may administer full and 
entire relief according to the principles of equity, and 
also in accordance with the statutes with reference to 
matters of probate. (Pennie v. Roach, 94 Cal. 515, 29 
Pac. 956.) 

A court of equity has jurisdiction of an action to 
recover. property intentionally and fraudulently con- 
cealed by a guardian from the court and the ward. 
(Lataillade v. Orena, 91 Cal. 565, 27 Pac. 924.) 


159 CONSTITUTION OF 1879. Art. VI, §5 


The superior court cannot enjoin the execution of 
a mandate of the supreme court. (Quan Wo Chung 
v. Laumeister, 83 Cal. 384, 23 Pac. 320.) 

An action to annul an ordinance of the board of 
supervisors fixing water rates is within the equita- 
ble jurisdiction of the superior court. (Spring Val- 
ley W. W. v. San Francisco, 82 Cal. 286, 22 Pac. 910.) 
_ The superior court, as a court of equity, has power 

in proper cases to hear and determine questions relat- 
ing to the rights and duties of executors and benefici- 
aries under wills which have been admitted to pro- 
bate. (Williams v. Williams, 73 Cal. 99, 14 Pac. 394.) 

The superior court has jurisdiction of a suit in eq- 
uity against the administrator of a deceased person, 
for the specific performance of a contract for the sale 
and purchase of lands. (Hall v. Rice, 64 Cal. 443, 
1 Pac. 891.) 

The district courts had power to appoint receivers 
in “cases where receivers had theretofore been ap- 
pointed by the usages of the courts of equity.” 
(Bateman y. Superior Court, 54 Cal. 285; La Societe 
Francaise v. District Court, 53 Cal. 495.) 

In this state, the jurisdiction of courts of equity 
over questions of title to real estate has no existence. 
(Ritchie v. Dorland, 6 Cal. 33.) 

Under the general grant of jurisdiction in all cases 
in equity, the court may issue writs of mandamus, 
certiorari, prohibition, and habeas corpus. (Perry v. 
Ames, 26 Cal. 372.) 

An action to abate a nuisance is a ease in equity. 
{People v. Moore, 29 Cal. 427; Courtwright v. Bear 
River ete. Co., 30 Cal. 573; Yolo County v. Sacramen- 
to, 36 Cal. 193.) 

In Rosenberg v. Frank, 58 Cal. 387, it was held 
that the corresponding section of the constitution of 
1849 conferred upon the district courts the same ju- 
risdiction in equity as that administered by the high 
court of chancery in England, including the power to 
construe a will after it has been admitted to probate. 
But, under the present constitution, it is held that 
the power to construe a will is vested exclusively 
in the superior court sitting as a court of probate. 
(Toland y. Har], 129 Cal. 148, 61 Pac. 914.) 


Art. VI, §5 CONSTITUTION OF 1879. 160 


Conceding that the superior court has jurisdiction 
of an action to construe a will, it is not bound to 
entertain such an action, and should not do so, ex- 
cept in a case where there is some special reason for 
seeking its interpretation. (Siddall v. Harrison, 73 
Galy560,..15.. Pae..la0.) 

Under the former constitution it was held that 
an action in equity to compel an administrator to 
account would lie, although his account had been set- 
tled by the probate court. (Clarke v. Perry, 5 Cal. 
58.) 

Probate.—Prior to the organization of the state, 
there was no such a thing as the probate of a will; 
and the probate court has no jurisdiction to probate 
a will executed prior to that time by the death of the 
testator. (Grimes vy. Norris, 6 Cal. 621; Coppinger v. 
Rice, 38 Cal. 408; Castro v. Castro, 6 Cal. 158.) 

The courts of first instance, between the acquisi- 
tion of California by the United States and the pas- 
sage of the probate act, had jurisdiction in matters 
of probate. (Ryder v. Cohn, 37 Cal. 69.) 

The estates of deceased persons in this state, who 
died prior to the passage of the Probate Act of 1850, 
and subsequent to the organization of the state, can 
be administered on in accordance with the probate 
act. (People v. Senter, 28 Cal. 502.) 

The probate court is a court of limited and in- 
ferior jurisdiction. (Grimes v. Norris, 6 Cal. 621; 
Clarke v. Perry, 5 Cal. 58; Smith v. Andrews, 6 Cal. 
652: Smith v. Westerfield, 88 Cal. 374, 26 Pac. 206.) 

No distinet “court of probate’ has been created 
or recognized by the constitution. (In re Burton, 93 
Cal. 459, 29 Pac. 36.) 

The superior court, when sitting as a court of 
probate, has power to hear and determine all ques- 
tions of law and fact, the determination of which 
is ancillary to a proper judgment in such case. (In 
re Burton, 93 Cal. 459, 29 Pac. 36.) 

The jurisdiction of the superior court over probate 
matters is conferred by the constitution, and it is 
not a statutory tribunal when sitting in probate. 
(Heydenfeldt v. Superior Court, 117 Cal. 348, 49 Pac. 
210) ar 


161 CONSTITUTION OF 1879. Art. VI, §5 


The former constitution did not confer on the 
probate court jurisdiction of all matters relating to 
the estates of deceased persons, but of such mat- 
ters only as the statutes direct it to exercise juris- 
diction over. (Bush v. Lindsey, 44 Cal. 121.) 

Probate courts have no jurisdiction to enforce a 
trust by compelling an administrator to convey prop- 
erty by him held in trust. (Haverstick v. Trudel, 51 
Cal. 481.) 

The probate court has no jurisdiction to compel an 
attorney of an executrix to return a fee paid him by 
her. (Tomsky v. Superior Court, 131 Cal. 620.) 

The probate courts have not exclusive jurisdiction 
in cases of guardianship of minors. (Wilson Vv. 
Roach, 4 Cal. 362.) 

The district courts had the same control over the 
persons of minors, as well as their estates, that the 
court of chancery in England possesses. (Wilson v. 
Roach, 4.Cal. 362.) ; 

Neither the probate court, nor the superior court, 
when exercising probate jurisdiction, has power to 
set aside a decree. of distribution on the ground of 
fraud, after the time mentioned in section 473 of the 
Code of Civil Procedure. (Estate of Hudson, 63 Cal. 
454.) 

The jurisdiction of the probate courts over the 
estates of deceased persons did not divest the district 
courts of their general jurisdiction as courts of chan- 
cery over actions for a settlement of the affairs of 
a partnership. (Griggs v. Clark, 23 Cal. 427.) 

Where the executors named in the will are also 
appointed trustees to control and manage the residue 
of the estate and to distribute it among certain bene- 
ficiaries, a court of equitv has no jurisdiction of a 
bill to enforce an accounting of the trust estate, 
pending administration of the estate in the probate 
court. (Dougherty v. Bartlett, 100 Cal. 496, 35 Pac. 
431.) 

The probate court cannot decide an adverse claim 
to property asked to be set aside as a homestead. 
(Estate of Kimberly. 97 Cal. 281, 32 Pac. 234.) 

The superior court sitting as a court of probate 
may examine into the title to parcels of real estate, 
for the purpose of selecting a homestead, but has 


Art. VE, §5 CONSTITUTION OF 1879. 162 


no jurisdiction to determine the title as between ad- 
verse claimants. (Estate of Burton, 64 Cal. 428, 1 
Paes 02.) 

In probate proceedings the court has jurisdiction 
of the claims of assignees of the heir, but its ju- 
risdiction does not extend to claims‘ of an equitable 
nature against the legal owner, or, in other words, to 
trusts. (More v. More, 22 Cal. Dec. 196.) 

The probate court has no jurisdiction to settle the 
accounts of a deceased guardian. (In re Allgier, 65 
Cal. 228, 3 Pac. 849.) 

The probate court has no jurisdiction to determine 
whether or not certain property in the possession of 
the executor belongs to the estate or is held by him 
in some other capacity. (In re Haas, 97 Cal. 232, 31 
Pae. 893.) 

Sections 1458 to 1461 of the Code of Civil Procedure 
do not provide for a proceeding involving title to 
property of which the probate court has no jurisdic- 
tion. (Levy v. Superior Court, 105 Cal. 600, 38 Pac. 
965.) 

Where property is devised, exonerated of the mort- 
gage thereon, the probate court has jurisdiction to 
compel the executor to pay the mortgage debt from 
the assets of the estate. (In re Heydenfeldt, 106 Cal. 
434, 39 Pac. 788.) 

The probate court has inherent power to order the 
distributee to return to the executors the property 
distributed, when the decree of distribution is re- 
versed upon appeal. (Heydenfeldt v. Superior Court, 
117 Cal. 348, 49 Pac. 210.) 

Under the former constitution it was held that 
the jurisdiction of the probate court over testa- 
mentary and probate matters was not exclusive. The 
district court might take jurisdiction of the settle- 
ment of an estate when there were peculiar circum- 
stances of embarrassment, and when the assuming 
jurisdiction would prevent waste, delay, and expense, 
and thus conclude, by one action and decree, a pro- 
tracted litigation. (Deck v. Gerke, 12 Cal. 433.) 

The probate court has exclusive jurisdiction of the 
following matters: Matters relating to the proof of 
wills (Castro v. Richardson, 18 Cal. 478); probate 
of wills, granting of letters, allowance of claims, 


163 CONSTITUTION OF 1879. Art. VI, §5 


settlement of accounts (In re Bowen, 34 Cal. 682); to 
adjust and enforce a claim for expenses of adminis- 
tration (Gurnee vy. Maloney, 38 Cal. 85); to compel 
an executor to account, and to distribute the estate 
(Auguisola v. Arnaz, 51 Cal. 485); to construe a will 
(Toland v. Earl, 129 Cal. 148); to determine who is 
entitled to distribution (Simons v. Bedell, 122 Cal. 341, 
55 Pac. 3); to determine whether an attorney for ab- 
sent or minor heirs shall be appointed, and to fix the 
amount of his compensation (Dougherty v. Bartlett, 
100 Cal. 496, 35 Pac. 431). 

The superior court, when sitting as a court of 
probate, has exclusive jurisdiction of the distribution 
of an estate, and is not bound by an adjudication 
by the same court, when sitting as a court of equity, 
as to the interest of an heir or devisee, where such 
interest was merely incidentally involved. (Estate of 
Freud, 22 Cal. Dec. 571.) 

An action will not lie to recover from an executrix 
rents received by her after the settlement of her 
aceount. although she neglected to account for the 
same. (Washington v. Black, 83 Cal. 290, 23 Pac. 300.) 

A court of equity has no power to establish a will, 
even though the will has been lost or destroyed, or 
has been fraudulently suppressed, and the relief is 
asked against a person who destroyed the will and 
is one of the witnesses necessary to prove its con- 
tents. (McDaniel v. Pattison, 98 Cal. 86, 832 Pac. 805.) 

In an action of ejectment, the superior court has 
no power to set aside the land sought to be recovered 
as a homestead. This can only be done by the 
superior court sitting as a court of probate. (Rich- 
ards v. Wetmore, 66 Cal. 365, 5 Pac. 620.) 

Under the former constitution, the district courts 
had power to decide issues of fact joined in the 
probate court and certified to the district courts. 
This provision, however, did not give such courts any 
appellate jurisdiction from the probate courts. (Reed 
v. McCormick, 4 Cal. 342.) 

An act providing for the transfer to the district 
courts of issues of fact already decided by the probate 
court is void as conferring appellate jurisdiction upon 
the district courts, which under the constitution they 
cannot exercise. (Deck v. Gerke, 6 Cal. 666.) 


Art. VI, §5 CONSTITUTION OF 1879. 164 


Since the amendment in 1862, district courts have 
-no jurisdiction to try issues arising in the probate 
courts. (In re Bowen, 34 Cal. 682; Matter of Tom- 
linson, 35 Cal. 509.) 

The probate court is not bound by a decision by the 
district court as to a fact certified to that court for 
decision. (Pond v. Pond, 10 Cal. 495.) 

The probate court had jurisdiction to try, and de- 
termine issues of fact arising in proceedings before 
it, and was only required to certify the issue to the 
district court when the evidence was conflicting, 
etc. (Keller v. Franklin, 5 Cal. 482.) 

Divorce.—In a suit for divorce and a partition of 
the property acquired during coverture, the jurisdic- 
tion of the court does not depend upon the amount 
involved. (Deuprez v. Deuprez, 5 Cal. 387.) 


Insolvency.—The act creating the bank commission- 
ers did not deprive the superior court of its power 
to hear and determine matters of insolvency. (People 
v. Superior Court, 100 Cal. 105, 34 Pac. 492.) 

The legislature may pass an insolvency law while 
a United States bankruptcy law is in force, but its 
operation will be suspended until the repeal of the 
federal law. (Lewis v. County Clerk, 55 Cal. 604; 
Seattle Coal ete. Co. v. Thomas, 57 Cal. 197; Boede- 
feld v. Reed, 55 Cal. 299.) 

Since the new constitution proceedings in insol- 
vency are no longer special cases. (People v. Ros- 
borough, 29 Cal. 415.) 

The mere fact that jurisdiction in cases of insol- 
vency is vested in the court does not prevent the 
legislature from authorizing the judge to make an 
order in chambers directing the clerk to give no- 
tice to creditors. (Flint v. Wilson, 36 Cal. 24.) 

Tax, etc.—The term “assessment” as used in this 
section does not include assessments made by a pri- 
vate corporation upon its stockholders, but refers 
to such assessments as are authorized in relation 
to revenue and taxation, and such as may be made 
under the authority of a municipal or other corpo- 
ration to meet the cost of a public improvement. 
(Arrovo Ditch ete. Co. v. Superior Court, 92 Cal. 
47, 28 Pac. 54.) 


165 CONSTITUTION OF 1879. Art: VI, $3 


A forfeiture for issuing a certificate of relief in 
violation of section 596 of the Political Code is not 
a municipal fine, or a tax, impost, toll, or assessment. 
(Thomas v. Justice’s Court, 80 Cal. 40, 22 Pac. 80.) 

An action against an assessor to recover dam- 
ages for a wrongful and fraudulent assessment made 
by him does not involve “the legality of a tax.” 
(Perkins v. Ralls, 71 Cal. 87, 11 Pac. 860.) 

A proceeding to modify the grade of a street is 
a special one, and not a case at law involving the 
legality of an assessment. (Appeal of Houghton, 42 
Cal. 35.) 

A license fee or charge for the transaction of any 
business is a tax. (Santa Barbara v. Stearns, 51 
Cal. 499.) 

An action to recover a sum exacted by a toll gath- 
erer, greater than he is permitted by law to col- 
lect, does not involve the legality of a toll. (Brown 
v. Rice, 52 Cal. 489.) 

Special proceedings.—The county courts only had 
jurisdiction in such special eases as the legislature 
should determine. (Matter of Marks, 45 Cal. 199.) 

A grant of jurisdiction in such special cases as the 
legislature may prescribe does not confer exclusive 
jurisdiction in special cases. (O’Callaghan y. Booth, 6 
Cal. 63; Harper v. Freelon, 6 Cal. 76.) 

As to whether the legislature may confer jurisdic- 
tion of special cases upon courts not established by 
the constitution, see Spencer Creek Water Co. v. 
Vallejo, 48 Cal. 70." 

The legislature cannot confer jurisdiction in “‘spe- 
cial cases” upon a judge. (Spencer Creek Water Co. 
v. Vallejo, 48 Cal. 70.) 

Special cases are cases created by statute and 
the proceedings under which are unknown to the gen- 
eral framework of the courts of common law and 
equity. (Parsons v. Tuolomne Co. Water Co., 5 Cal. 
43; People v. Day, 15 Cal. 91; People v. Kern Co., 
45 Cal. 679.) 

An action to prevent or abate a nuisance is not 
a special case. (Parsons v. Tuolumne Co. Water Co., 
5 Cal. 43.) 

Writs of mandate are not special cases. (People 
v. Kern Co., 45 Cal. 679.) 


* 


Art. VI, §5 CONSTITUTION OF 1879. . 166. 


The incorporation of towns is not a special case. 
(People v. Nevada, 6 Cal. 148.) 

The following matters are special cases within the 
meaning of the constitution: Cases of insolvency 
(Harper v. Freelon, 6 Cal. 76); election contests (Dor- 
sey v. Barry, 24 Cal. 449; Saunders v. Haynes, 13 
Cal. 145); the examination of claims for public lands 
(Ricks v. Reed, 19 Cal. 551); proceedings to enforce 
mechanics’ liens (McNiel v. Borland, 23 Cal. 144, 
distinguishing Brock v. Bruce, 5 Cal. 279); proceed- 
ings for the condemnation of water (Spencer Creek 
Water Co. v. Vallejo, 48 Cal. 70); proceedings un- 
der sections 312 and 3815 of the Civil Code (Wicker- 
sham vy. Brittan, 93 Cal. 34, 28 Pac. 792, 29 Pac. 51); 
proceedings to condemn land (Bishop y. Superior 
Court, 87 Cal. 226, 25 Pac. 435). 

Real property.—The idea intended to be embodied 
in the phrase, “cases at law which involve the title 
or possession of real property,” may be expressed 
by the paraphrase: Cases at law in which the title 
or possession of real property is a material fact in 
the case, upon which the plaintiff relies for a recov- 
ery or the defendant for a defense. (Holman vy. Tay- 
lor, 81 Cal. 338; Copertini v. Oppermann, 76 Cal. 181, 
18 Pace. 256.) 

When the title to real property is involved, the 
amount sued for is not material in determining the 
jurisdiction. (Cullen vy. Langridge, 17 Cal. 67; Hol- 
man vy. Taylor, 81 Cal. 338.) 

It is not enough that the possession is a fact in 
controversy, or incidentally in question, or that the 
fact of possession is in issue; but the right of posses- 
sion must be involved. (Pollock v. Cummings, 38 
Cal. 683; Cornett v. Bishop, 39 Cal. 319.) 

An action to recover one-half the value of a par- 
tition fence involves the title to real property. (Hol- 
man vy. Taylor, 31 Cal. 338.) 

An action brought in a justice’s court against a 
railroad company by an owner of adjoining land, to 
recover for the killing of a colt alleged to have 
strayed upon the track by reason of the insufficiency 
of a division fence, necessarily involves the title to 
such land, although the answer raises no issue as to 
such ownership. (Boyd v. Southern Cal. Ry. Co., 126 
Cal. 571, 58 Pac. 1046.) 


167 CONSTITUTION OF 1879. Art. VI, § 5 


An action to foreclose a vendor’s lien upon prem- 
ises contracted to be sold is an action for the en- 
forcement of a lien upon real estate within the pro- 
visions of this section. (Southern Pac. R. R. Co. v. 
Pixley, 108 Cal. 118, 37 Pac. 194.) 

An action by a vendee to a contract for the sale 
of land to recover a part payment made on the pur- 
chase price, because of a defect in the title of the 
vendor, involves the title to real property. (Copertini 
v. Oppermann, 76 Cal. 181, 18 Pac. 256.) 

Where an action involving the title or possession 
of real property is brought in the justice’s court, and 
the defendant appeals to the superior court, which 
renders judgment in favor of the plaintiff, the de- 
fendant may appeal to the supreme court. (Hart v. 
Carnall-Hopkins Co., 101 Cal. 160, 35 Pac. 633; Santa 
Barbara v. Eldred, 95 Oal. 378, 30 Pac. 562.) 

Where an action to recover less than three hundred 
dollars is transferred from the justice’s court to the 
superior court on the ground that it involves the 
title to real estate, and the plaintiff afterward amends 
his complaint and asks for damages to certain lands, 
the superior court has no jurisdiction of the action, 
as it does not appear that the action involves the 
title to real estate. (Gorton v. Ferdinando, 64 Cai. 
Tae iP ae941)) 

Place of trial.—_The proviso in this section is man- 
datory. (Fresno Nat. Bank v. Superior Court, 83 Cal. 
491, 24 Pac. 157.) 

The superior court has no jurisdiction of an action 
to enforce a lien upon real property situated in an- 
other county. (Urton v. Woolsey, 87 Cal. 88, 25 
~ Pac. 154.) 

This section has no application to an action for 
the settlement of a trust in relation to real and per- 
sonal property, and such an action is not required 
to be brought in the county where the real property 
is situated. (Le Breton v. Superior Court, 66 Gal. 
aft, Pac. (TT. 

If an action to quiet title to real estate is brought 
outside of the county in which the land is situated, 
the court has. no jurisdiction, and such lack of ju- 
risdiction cannot be waived. (Fritts v. Camp, 94 Cal. 
ovo, 20 Lac, 867.) 


oes 


Art. VI, §5 CONSTITUTION OF 1879. 168 


The creating of a new county does not affect an 
action pending in the superior court affecting real 
property in such new county. (Tolman y. Smith, 85 
Cal. 280, 24 Pac. 743.) : 

This section does not provide that the actions re-. 
ferred to must be tried, but simply that they must 
be commenced in the county in which the land is- 
situated. (Hancock y. Burton, 61 Cal. 70.) 


Writs.—The legislature has no pawer to enlarge 
the office of the writs mentioned in this section. 
(Camron v.. Kenfield, 57 Cal. 550; Farmers’ Union 
v. Thresher, 62 Cal. 407.) 

The superior court May issue a writ of mandamus 
to run out of the county, or to be executed out of 
the county in which the court is held. (Kings County 
v. Johnson, 104 Cal. 198, 37 Pac. 870.) 

If the provisions of this section reviving the writ 
of quo warranto repealed by implication the pro- 
visions of the code for an action against persons who 
usurp offices or franchises, it made little difference, 
as the power under a writ of quo warranto is quite 
as broad as under the statute. (People vy. Dashaway 
Assn., 84 Cal. 114, 24 Pac. 277.) 

The county court had no jurisdiction to issue the 
writ of certiorari, except in aid of its appellate ju- 
risdiction. (Wilcox v. Oakland, 49 Cal. 29.) 

Criminal cases.—The superior court has jurisdic- 
tion of an offense punishable by imprisonment and 
fine, which may exceed one thousand dollars. (Hx 
parte Neustadt, 82 Cal. 273, 23 Pac. 124.) 

Where the legislature confers upon police courts 
jurisdiction of certain misdemeanors, such jurisdic- 
tion is exclusive, and the superior court has no 
jurisdiction of such misdemeanors. (Green v. Su- 
perior Court, 78 Cal. 556, 21 Pac. 307, 541; People v. 
Joselyn, 80 Cal. 544, 22 Pac. 217; People v. Lawrence, 
82 Cal. 182, 22 Pac. 1120; Ex parte Wallingford, 60 
Cal. 103; Gafford v. Bush, 60 Cal. 149.) 

If a defendant is charged with a felony of which 
the superior court has jurisdiction, he may be con- 
victed of a lesser offense involved in such felony, al- 
though such lesser offense is not one of which the 
superior court is given jurisdiction. (Hx parte Dona- 
hue, 65 Cal. 474.) 


169 CONSTITUTION OF 1879. Art. Vi, 83 


A néwly created county has jurisdiction of a de- 
fendant charged with the commission of an offense 
prior to the creation of the county, upon territory 
within its boundaries; and a prosecution pending in 
the old county is no bar to the prosecution, if dis- 
missed before the commencement of the prosecution 
in the new, and before jeopardy has attached. (Peo- 
ple v. Stokes, 103 Cal. 193, 87 Pac. 207.) 

Appellate jurisdiction.—The superior court has ap- 
pellate jurisdiction only to the extent and in the 
mode which the legislature may prescribe. (Sherer 
v. Superior Court, 94 Cal. 354, 29 Pac. 716.) 

The constitution gives the superior court no ap- 
pellate jurisdiction, but the legislature is permitted 
to give it such appellate jurisdiction as it may see 
fit. (Wells vy. Torrance, 119 Cal. 437, 51 Pac. 626.) 

By reason of the provisions of section 11, article 
22, of the constitution, the superior court had juris- 
diction of appeals from justices’ courts before the 
legislature acted upon the subject. (California etc. 
Co. v. Superior Court, 60 Cal. 305.) 

The superior courts only have jurisdiction of ap- 
peals from justices’ courts in their respective coun- 
ties, and therefore, after an appeal, the action can- 
not be transferred to another county for trial, al- 
though the defendant resides in’ another county. 
(Gross v. Superior Court, 71 Cal. 382; Luco v. Superior 
Court, 71 Cal. 555.) 

The superior court has no jurisdiction of an appeal 
from an order of a justice’s court, directing the 
judgment debtor to apply certain property in Satis- 
faction of the judgment. (Wells v. Torrance, 119 
Cal. 437, 51 Pac. 626.) 

Upon an appeal from a judgment of the justice’s 
court vacating a former judgment, the superior court 
cannot affirm such former judgment, but, if it was 
erroneously set aside, it should reverse such judg- 
ment and order a new trial. (Sherer v. Superior 
Oourt, 94 Cal. 354, 29 Pac. 716.) 

Although the county court was authorized to try 
cases on appeal de novo, such a trial was not an ex- 
ercise of original jurisdiction. (Townsend vy. Brooks, 
5 Cal. 52.) 

Constitution—15 


ATi Vi; “8G CONSTITUTION OF 1879, 170 


Where a case is appealed to the superior court | 
on questions of both law and fact, the superior court 
acquires jurisdiction of the cause, although it was 
not originally within the jurisdiction of the justice’s 
court. (De Jarnatt v. Marquez, 132 Cal. 700; Hart 
v. Carnall-Hopkins Co., 103 Cal.° 132, 37 Pace. 196. 
But see Ballerino v. Bigelow, 90 Cal. 500, 27 Pac. 372.) 

A judgment on appeal from a judgment of a jus- 
tice’s court, in which the amount is in excess of the 
jurisdiction of the justice, is not void, but merely 
erroneous. (Moore v. Martin, 38 Cal. 428.) 

A judgment of a county court upon appeal for the 
sum of three hundred dollars is void, and will be 
annulled upon certiorari. (Will v. Sinkwitz, 39 Cal. 
570.) 

As to whether the provision of the constitution of 
1849 giving the county courts appellate. jurisdiction 
in cases arising in inferior courts is self-executing, 
see People v. Nyland, 41 Cal. 129. 

Forcible entry and detainer.—The words “forci- 
ble entry and detainer” include not only forcible en- 
try and forcible detainer, but also unlawful detainer 
after the termination of or contrary to the terms of 
the lease. (Caulfield v. Stevens, 28 Cal. 118.) 

Miscellaneous.—The county courts have common- 
law jurisdiction and may admit foreigners to citizen- 
ship. (In re Conner, 39 Cal. 98.) 

Granting to county judges power to issue injunc- 
tions does not trench upon the jurisdiction of the 
district courts. (Thompson v. Williams, 6 Cal. 88.) 

An act providing for the confirmation of the or- 
ganization and bonds of irrigation districts is not 
unconstitutional because it authorizes the court to 
determine the rights of the parties in advance of any 
controversy as to such rights. (Cullen v. Glendora 
ete. Co., 118 Cal. 503, 39 Pac. 769, 45 Pac. 822, 1047.) 


Sec. 6. There shall be in each of the organized 
counties, or cities and counties of the state, a 
superior court, for each of which at least one 
judge shall be elected by the qualified electors of 


171 CONSTITUTION OF 1879. Art. VI, §6 


the county, or city and county, at the general 
state election; provided, that until otherwise or- 
dered by the legislature, only one judge shall be 
elected for the counties of Yuba and Sutter, and 
that in the city and county of San Francisco 
there shall be elected twelve judges of the superior 
court, any one or more of whom may hold court. 
There may be as many sessions of said court, at 
the same time, as there are judges thereof. The 
said judges shall choose from their own number 
a presiding judge, who may be removed at their 
pleasure. He shall distribute the business of the 
court‘among the judges thereof, and prescribe the 
order of business. The judgments, orders, and 
proceedings of any session of the superior court, 
held by any one or more of the judges of said 
courts, respectively, shall be equally effectual as 
if all the judges of said respective courts pre- 
sided at such session. In each of the counties 
of Sacramento, San Joaquin, Los Angeles, Sono- 
ma, Santa Clara, and Alameda, there shall be 
elected two such judges. The term of office of 
judges of the superior courts shall be six years 
from and after the first Monday of January, 
next succeeding their election; provided, that the 
twelve judges of the superior court, elected in the 
city and county of San Francisco at the first 
election held under this constitution, shall, at 
their first meeting, so classify themselves, by lot, 
that four of them shall go out of office at the 


Art. VI, §6 CONSTITUTION OF 1879. 172 


end of two years, and four of them shall go out. 
of office at the end of four years, and four of 
them shall go out of office at the end of six years, 
and an entry of such classification shall be made 
in the minutes of the court, signed by them, and 
a duplicate thereof filed in the office of the sec- 
retary of state. The first election of judges of 
the superior courts shall take place at the first 
general election held after the adoption and rati- 
fication of this constitution. If a vacancy occur 
in the office of judge of a superior court, the 
governor shall appoint a person to hold the office 
until the election and qualification of a judge 
to fill the vacancy, which election shall take place 
at the next succeeding general election, and the 
judge so elected shall hold office for the remain- 
der of the unexpired term. 


SUPERIOR JUDGES.—There is only one superior 
court in the city and county of San Francisco. 
(Brown v. Campbell, 110 Cal. 644, 43 Pac. 900.) 

There is no probate court of the city and county 
of San Francisco, and there is no law authorizing the 
designation of any one department of said court for 
probate jurisdiction; but each of the twelve judges 
has jurisdiction in probate matters. (In re Pearsons, 
1138 Cal. 577, 45: Pac. 849.) 

The legislature may fix the commencement of the 
term of a county judge as well as the time of elec- 
tion, but cannot fix the term. (People v. Rosborough, 
14 Cal. 180.) 

Though by the terms of this section the term of 
office of the superior judges appears to be exclusive 
of the first Monday in January after their election, 
yet this provision is controlled by section 20, article 
20, making the terms of all officers elected under 
the constitution commence on the first Monday af- 


173 CONSTITUTION OF 1879. Art. VI, § 7 


ter the first day of January next following their elec- 
tion. (Merced Bank vy. Rosenthal, 99 Cal. 39, 31 Pac. 
849, 338 Pac. 7382.) 

A judge elected under an act creating an addi- 
tional judge holds for six years. (People v. Water- 
man, 86 Cal. 27, 24 Pac. 807.) 

Under this section the commencement of the first 
regular full term of every newly created superior 
‘judgeship commences on the first Monday in January 
[first Monday after the first day of January] after 
the next ensuing general election, and the legislature 
has no pewer to extend the provisional term of of- 
fice of a newly created judge beyond such date. (Peo- 
ple v. Markham, 104 Cal. 232, 37 Pac. 918.) 

The legislature may provide for the appointment 
of a judge of a newly created court to hold until 
the next election. (Brodie v. Campbell, 17 Cal. 11.) 

A district judge, elected on the occasion of a va- 
cancy in the office caused by the resignation of the 
incumbent, holds, not merely for the unexpired term, 
but for the full six years. (People v. Burbank, 12 
Cal. 378.) 

A person elected judge of the district court is en- 
litled to hold for six years, and it is not necessary 
that all district judges should be elected, or that 
their terms should expire, at the same time. (People 
v. Weller, 11 Cal. 17.) 

Where, after the appointment of a judge to fill 
a vacancy caused by the death of the incumbent, the 
legislature passed an act reducing the number of 
judges of such county, and providing that the act 
should go into effect immediately in case of a va- 
ceancy in the term prior to January 1, 1897, the act 
did not go into effect by reason of the election of 
a judge to fill the unexpired term. (Church y. Col- 
gan, 117 Cal. 685,,50 Pac. 12.) 


Sec. 7. In any county, or city and county, 
other than the city and county of San Francisco, 
in which there shall be more than one judge of 


the superior court, the judges of such court may 
hold as many sessions of said.court at the same 


& 


Art. VI, §§ 8,9 CONSTITUTION oF 1879, 174 


time as there are judges thereof, and shall appor- 
tion the business among themselves as equally as 
may be. yeh 

SESSIONS.— The rule is the same in the city and - 
county of San Francisco, except that the business 
of the court is apportioned by the presiding judge. 
(See section 6 of this article.) 

Sec. 8. A judge of any superior court may hold 
a superior court in any county, at the request of 
a judge of the superior court thereof, and upon 
the request of the governor it shall be his duty 
so to do. But a cause in a superior court may 
be tried by a judge pro tempore, who must be a 
member of the bar, agreed upon in writing by the 
parties litigant or their attorneys of record, ap- 
proved by the court, and sworn to try the cause. 

JUDGE OF ONE COUNTY SITTING IN AN- 
OTHER.—Where a judge of one county acts in an- 
other, it must be presumed that he was properly re- 
quested to do so. (In re Corralitos etc. Co., 130 Cal. 
570, 62 Fac. 1076.) 

Under the constitution of 1849 it was held that 
the legislature might authorize a judge of one dis- 
trict to sit and act in another district, although no 
express provision was made in the constitution on 
the subject. (People v. McCauley, 1 Cal. 379.) 

A statute authorizing a county judge of one county 


to hold court for the county judge of another county 
is valid. (People v. Mellon, 40 Cal. 648.) 


See. 9. The legislature shall have no power to 
grant leave of absence to any judicial officer; 
and any such officer who shall absent himseif 
from the state for more than sixty consecutive. 
days shall be deemed to have forfeited his office. 





Const.: Art. VI, Sec. 8. 
Superior courts; who may try causes. 

Section 8. A judge of any superior court may hold a superior 
court in any county, at the request of a judge of the superior court 
‘thereof, and upon the request of the governor it shall be his duty 
so to do. But a cause in the superior court may be tried by a 
judge pro tempore, who must be a member of the bar, agreed upon 
in writing by the parties litigant or their.attorneys of [record, and] 
sworn to try the cause [and the person so selected shall be empow- 
ered to act in such capacity in all further proceedings in any suit or 
proceedings tried before him until the final determination thereof. 
There may be as many sessions of a superior court at the same time 
as there are judges thereof, including any judge or judges acting 
upon request, or any judge or judges pro tempore. The judgments, 
orders, acts and proceedings of any session of any superior court 
held by one or more judges acting upon request, or judge or judges 
pro tempore, shall be equally effective as if the judge or all of the 
judges of such court presided at such session.] [Amendment 
adopted November 8, 1910.] 






















Hennings Constitution D: 226. . 
see)10. [Art VI] Justices of the supreme court, 
and of the district courts of appeal, and judges of 
the superior courts may be removed by concurrent 
resolution of both houses of the legislature adopted 
by a two-thirds vote of each house. All other judi- 
cial officers, except justices of the peace, may be 
removed by the senate on the recommendation of 
the So0vernor; but no removal shall be made by 
virtue of this section unless the Cause thereof be 
entered on the journal, nor unless the party com- 
plained of has peen served with a copy of the com- 
plaint against him and shall have had an oppor- 
tunity of being heard in his defense. On the ques- 


tion of removal the ayes and noes shall be entered 
on the journal. 







Const.: Art. VI, Sec. 11. 
i . i o establish. 
ike tecisiatare shall determine the number Con 
inferior courts in] incorporated citles for] towns, [a 
nchine counties], or cities and counties, ldetloes that 
lation thereof and the number of judges or jus the ; 
a 2 1 fix by law the powers, duties and responsibilities o 
ete ot te aap and of the judges or justices Seen ee 
j h powers shall not in any case, trench upon the jur 
aiene Be vic everal courts of record, except that [the legislature 
nena: id Eat said courts] shall have concurrent {Oreo 
oe fee Beste courts in cases of forcible entry and Se 
eer G Berita value does not exceed twenty-five dollars per 
vee here the whole amount of damages claimed does not 
oes i dred dollars, and in cases to enforce and foreclose 
cna oe Sal property ‘when neither the amount of liens nor 
ee ae ie property amounts to three hundred dollars. 


{Amendment adopted October 10, 1911.] 





175 CONSTITUTION OF 1879. Art. VI, §§ 10, 11 


The legislature of the state may at any time, 
two-thirds of the members of the senate and two- 
thirds of the members of the assembly voting 
therefor, increase or diminish the number of 
judges of the superior court in any county, or 
city and county, in the state; provided, that no 
such reduction shall affect any judge who has 
been elected. 


Sec. 10. Justices of the supreme court, and 
judges of the superior courts, may be removed 
by concurrent resolution of both houses of the 
legislature, adopted by a two-thirds vote of each 
house. All other judicial officers, except justices 
of the peace, may be removed by the senate on the 
recommendation of the governor, but no removal 
shall be made by virtue of this section, unless 
the cause thereof be entered on the journal, nor 
unless the party complained of has been served 
with a copy of the complaint against him, and 
shall have had an opportunity of being heard in 
his defense. On the question of removal, the 
ayes and noes shall be entered on the journal. 


Sec. 11. The legislature shall determine the 
number of justices of the peace to be elected in 
townships, incorporated cities and towns, or cities 
and counties, and shall fix by law the powers, 
’ duties, and responsibilities of justices of the peace ; 
provided, such powers shall not in any case trench 
upon the jurisdiction of the several courts of 


Art. VI,§11  cONSTITUTION oF 1879. 176 


record, except that said justices shall have con- 
current jurisdiction with the superior courts in 
cases of forcible entry and detainer, where the 
rental value does not exceed twenty-five dollars 
per month, and where the whole amount of dam- 
ages claimed does not exceed two hundred dollars, 
and in cases to enforce and foreclose liens on per- 
sonal property when neither the amount of the 
liens nor the value of the property amounts to 
three hundred dollars. 


JUSTICES OF THE PEACE—Creation of.—A jus- 
tice’s court cannot be created by a freeholders’ char- 
ter. (People y. Toal, 85 Cal. 333, 24 Pac. 603; Peo- 
ple v. Sands, 102 Cal. 12, 36 Pac. 404; Milner y. 
Reibenstein, 85 Cal. 593, 24 Pac. 985; Ex parte Reilly, 
85 Cal. 682, 24 Pac. 807; Ex parte Giambonini, 117 
Cal. 573, 49 Pac. 7382.) 

The laws relating to this portion of the judicial 
system need not be uniform throughout the state. 
(Kahn v. Sutro, 114 Cal. 316, 46 Pac. 87.) 

The justice’s court of Berkeley was not superseded 
by the constitution. (Hx parte Armstrong, 84 Cal. 
655, 24 Pac. 598.) 

The provision of the County Government Act au- 
thorizing the supervisors to appoint a justice of the 
peace to fill a vacancy is not in conflict with this 
section making them elective. (People v. Chaves, 
122 Cal. 134, 54 Pac. 596.) 

Justices of the peace are judicial officers and must 
be elected at the general election. (McGrew vy. Mayor 
ete. of San Jose, 55 Cal. 611.) : 

Justices of the peace are neither city nor county 
officers, but form part of the judicial system of the 
state. (People v. Cobb, 21 Cal. Dec. 779; Kahn y. 
Sutro, 114 Cal. 316, 46 Pac. 87.) 

Jurisdiction.—A justice’s court is a court of lim- 
ited and inferior jurisdiction, and its jurisdiction 
must be shown affirmatively by a party relying upon 
or claiming any right or title under its judgments. 


177 CONSTITUTION OF 1879. Art. VI, § 11 


(Eltzroth v. Ryan, 89 Cal. 135, 26 Pac. 647; Jones y. 
Justice’s Court, 97 Cal. 523, 32 Pac. 575; Keybers ry. 
McComber, 67 Cal. 395, 7 Pac. 838.) 

There can be no concurrent jurisdiction of any 
special proceeding other than the two mentioned in 
this section. (Edsall v. Short, 122 Cal. 533, 55 Pac. 
327.) 

No power can be conferred upon justices of the 
peace which has been by the constitution conferred 
upon other courts. (Zander vy. Coe, 5 Cal. 230; Small 
vy. Gwinn, 6 Cal. 447.) 

But where the jurisdiction conferred by the con- 
stitution is not exclusive, the same may be con- 
ferred upon justices’ courts. (People v. Fowler, 9 
Cal. 85.) 

Where the justice of the peace has no jurisdiction, 
the judgment should be reversed and the cause dis- 
missed. (Ford v. Smith, 5 Cal. 331.) 

It has been held that an appeal to the superior 
court upon questions of law and fact does not en- 
large the jurisdiction of the justice’s court, or con- 
fer jurisdiction upon the superior court, if the jus- 
tice’s court had no jurisdiction. (Ballerino y. Bigelow, 
90 Cal. 500. But see De Jarnatt v. Marquez, 1382 
©Oal. 700; Hart vy. Carnall-Hopkins Co., 103 Cal. 132, 
She ae. CLOG. ) 

Where the verified answer in an action in a police 
court discloses that the action involves the legality 
of a tax, but, notwithstanding, the court proceeds 
with the case, and an appeal is taken to the superior 
court on questions of law and fact, the superior 
court acquires jurisdiction—not appellate, but origi- 
nal. (Santa Barbara v. Eldred, 95 Cal. 378, 30 Pac. 
562.) ; 

Cases at law.—A justice’s court has no jurisdiction 
of an action upon a promissory note, where the 
amount of the principal sum and attorneys’ fees de- 
manded exceeds three hundred dollars. (De Jarnatt 
v. Marquez, 127 Oal. 558, 60 Pac. 45.) 

The justice’s court has jurisdiction of an action 
upon a money demand of less than three hundred 
dollars for improving a street under a private con- 
tract, where there is nothing in the pleadings to show 
that the action involves the title or possession of 


Art. VI, § 11 CONSTITUTION OF 1879. 178 


real estate. (Raisch v. Sausalito ete. Co., 131 Cal. 
215.) 

Where several suits to recover the same property, 
the value of which is less than three hundred dol- 
lars, are consolidated, the justice’s court has juris- 
diction of the action as cousolidated. (Cariaga v. 
Dryden, 29 Cal. 307.) ; 

In an action for the recovery of specific property 
in a justice’s court, the standard of jurisdiction is 
“the value of the property,” and it would seem that 
the justice’s jurisdiction for the incidental damages 
for detention is unlimited; and at all events, the de- 
mand for damages cannot oust the justice of juris- 
diction, if the value of the property is less than three 
hundred dollars. (Astell v. Phillippi, 55 Cal. 265; 
Wratten v. Wilson, 22 Cal. 465.) 

A justice’s court has no jurisdiction of an action 
for the recovery of property alleged to exceed three 
hundred dollars in value, although the complaint 
prays judgment for a less sum in case possession can- 
not be had. (Shealor v. Superior Court, 70 Cal. 564, 
11 Pac. 653.) 

A justice’s court has no jurisdiction of a counter- 
claim exceeding the jurisdictional amount. (Malson 
ts Vaughn, 23 Cal. 61; Maxfield v. Johnson, 30 Cal. 
545.) 

The justice’s court has jurisdiction of an action 
for the recovery of property of the value of two hun- 
dred and fifty dollars and fifty dollars damages, 
where the plaintiff only prays for two hundred and 
ninety-nine dollars, since both the value of the prop- 
erty and the demand are less than three hundred 
dollars. (Sanborn vy. Superior Court, 60 Cal. 425.) 

Forcible entry and detainer.—The words ‘‘forci- 
ble entry and detainer”’ include unlawful detainer 
after the expiration of the term. (Caulfield v. Stev- 
ens, 28 Cal. 118; Brummagim. v. Spencer, 29 Cal. 
661; Mecham vy. McKay, 387 Cal. 154; Norblett v. 
Yarwell, 38 Cal. 155; Stoppelkamp v. Manugeot, 42 
Cal. 316.) 

The actual rental value, and not the value alleged 
in the complaint, is the test of jurisdiction. (Ballerino 
v. Bigelow, 90 Cal. 500, 27 Pac. 372.) 


179 CONSTITUTION OF 1879. Art Vii $18 


The justice’s court has no jurisdiction of an action 
of unlawful detainer, when the amount of rent due 
- is one hundred and twenty dollars, and the plaintiff 
asks to have it trebled, or of any such case when 
the amount of the rent when trebled exceeds two 
hundred dollars. (Hoban y. Ryan, 130 Cal. 96, 62 Pac. 
296.) 

Real property.—Where the proceedings do not show 
on their face that the title or possession of real prop- 
erty is involved, but only that it may contingently 
become involved, the justice has jurisdiction to try 
the case, unless it appears that the predicted contin- 
gency actually occurred during the trial. (Hart v. 
Carnall-Hopkins Co., 103 Cal. 182, 87 Pac. 196.) 

Where a case involving the title or possession of 
real property is appealed from the justice’s court 
on questions of law and fact, the superior court has 
jurisdiction to determine the case, and an appeal 
may be taken to the supreme court in the same man- 
ner as if the action had been originally brought in 
the superior court, or had been transferred to it 
by the justice. (Hart vy. Carnall-Hopkins Co., 103 
Cal. 182, 387 Pac. 196.) 

A complaint to recover a sum paid upon a con- 
tract to locate the plaintiff on certain government 
land does not necessarily involve the title or posses- 
sion of real property. (Hart v. Carnall-Hopkins Co., 
103 Cal. 132, 37 Pac. 196.) 

A justice of the peace has no jurisdiction to try 
a cause for an injury arising out of a diversion of 
water. (Hill v. Newman, 5 Cal. 445.) 

If the defendant’s verified answer raises a ques- 
tion of title to real property, the cause must be trans- 
ferred. (Doherty v. Thayer, 31 Cal. 140.) 

An action for trespass on real property is within 
the jurisdiction of a justice of the peace, when the 
damages sued for are less than three hundred dol- 
lars. (Pollock v. Cummings, 38 Cal. 683.) 

Fines, etc.—Av act requiring actions to recover a 
penalty imposed upon a railroad company, for charg- 
ing a passenger an excess of fare,, to be brought 
in the justice’s court, is valid. (Reed v. Omnibus R. 
R. Co., 83 Cal. 212; Smith v. Omnibus R. R. Co., 36 
Cal. 281.) 


Art. VI, §§ 12,13 consTITUTION OF 1879. 180 


The justice’s court has jurisdiction of an action 
to recover two hundred dollars for a forfeiture for 
issuing a certificate of relief in violation of section 
596 of the Political Code, the same being a penalty 
given by statute, and not a municipal fine. (Thomas 
v. Justice’s Court, 80 Cal. 40, 22 Pac. 80.) 

If, in an action to recover a money judgment for 
taxes, an answer is filed which puts in issue the 
legality of the tax, the justice of the peace is ousted 
of jurisdiction. (People v. Mier, 24 Cal. 61.) 

Miscellaneous.—A statute conferring equitable ju- 
risdiction upon justices’ courts is unconstitutional. 
(Young v. Wright, 52 Cal. 407; Sutherland v. Sweem, 
538 Cal. 48.) 

The county court had jurisdiction to try an indict- 
ment for misdemeanor, the jurisdiction of the justice 
of the peace being exclusive as to misdemeanors 
where no indictments had been found. (Ex parte 
McCarthy, 53 Cal. 412.) 


Sec. 12. The supreme court, the superior courts, 
and such other courts as the legislature shall 
prescribe, shall be courts of record. 


Sec. 13. The legislature shall fix by law the 
jurisdiction of any inferior courts which may be — 
established in pursuance of section one of this 
article, and shall fix by law the powers, duties, 
and responsibilities of the judges thereof. 


INFERIOR COURTS.—The jurisdiction, powers, 
duties, and responsibilities of inferior courts cannot 
be fixed by a freeholders’ charter. (People vy. Toal, 
85 Cal. 333, 24 Pac. 603; Ex parte Reilly, 85 Cal. 
632, 24 Pac. 807; People v. Sands, 102 Cal. 12, 36 
Pac. 404; Milner v. Reibenstein, 85 Cal. 593, 24 Pac. 
935; Ex parte Giambonini, 117 Cal. 573, 49 Pace. 732.) 

The municipal superior court of San Francisco had 
no authority to issue writs of quo warranto, it being 
an inferior court, and the jurisdiction not being ex- 





Hennings Constitution p. 230. 
Sec. 12. [Art. VI] The supreme court, the dis- 
trict courts of appeal, the superior courts, and such 


other courts as the legislature shall prescribe, shall 
be courts.of-record. 





Const.: Art. VI, Sec. 14. 

Clerks of courts; court commissioners. 

Section [14. The] county clerks shall be ex officio clerks of the 
courts of record in and for their respective counties or cities and 
counties. The legislature may also provide for the appointment, 
by the several superior courts, of one or more commissioners in 
their respective counties, or cities and counties, with authority 
to perform chamber business of the judges of the superior courts, 
to take depositions, and to perform such other business connected 
with the administration of justice as may be prescribed by law. 
{Amendment adopted October 10, 1911.] 


Gonst.: Art. VI, Sec. 15. 
Fees. ist 

Section 15. No judicial officer, [except court] commissioners, 
-shall receive to his own use any fees or perquisites of office [pro- 
vided, that justices of the peace now holding office shall receive 
to their own use such fees as are now allowed by law during the 
terms for which they have been elected]. [Amendment adopted 
October 10, 1911.] 








181 CONSTITUTION OF 1879. Art. VI, §§ 14,15 


pressly conferred by statute. (People v. Gillespie, 1 
Cal. 342.) 

As to the jurisdiction of the recorder’s court, see 
Ex parte Soto, 88 Cal. 624, 26 Pac. 530. 

The legislature may create a recorder’s court with 
a dual jurisdiction—being a recorder as to some mat- 
ters, and a justice of the peace as to others. (Prince 
v. Fresno, 88 Cal. 407, 26 Pac. 606.) 

The act of 1889, creating the police court of the 
city and county of San Francisco, held constitutional. 
(Ex parte Lloyd, 78 Cal. 421, 20 Pac. 872.) 


Sec. 14. The legislature shall provide for the 
election of a clerk of the supreme court and shall 
fix by law his duties and compensation, which 
compensation shall not be increased or diminished 
during the term for which he shall have been 
elected. The county clerks shall be ex officia 
clerks of the courts of record in and for their re- 
spective counties, or cities and counties. The 
legislature may also provide for the appointment, 
by the several superior courts, of one or more 
commissioners in their respective counties, or cities 
and counties, with authority to perform chamber 
business of the judges of the superior courts, to 
take depositions, and perform such other business 
connected with the administration of justice as 
may be prescribed by law. 


Sec. 15. No judicial officer, except justices of 
the peace and court commissioners, shall receive 
to his own use any fees or perquisites of office. 


FEES OF JUDICIAL OFFICERS.—The words 
“justices of the peace” as used in this section include 
those, by whatever name they are called, who are 

Constitution—16 \ 


Art. VI, §§ 16,17 constTiruTIon oF 1879. 182 


invested with the duties assigned by the law to those 
officers, and include a recorder of a city. (Curtis vy. 
‘Sacramento, 13 Cal. 290.) 


Sec. 16. The legislature shall provide for the 
speedy publication of such opinions of the su- 
preme court as it may deem expedient, and all 
opinions shall be free for publication by any per- 
son. nas 


Sec. 17. The justices of the supreme court 
and judges of the superior court shall severally, 
at stated times during their continuance in office, 
receive for their services a compensation which 
shall not be increased or diminished after their 
election, nor during the term for which they shall 
have been elected. The salaries of the justices of 
the supreme court shall be paid by ‘the state. 
One-half of the salary of each superior court 
judge shall be paid by the state; the other half 
thereof shall be paid by the county for which he 
is elected. During the term of the first judges 
elected under this constitution, the annual salar- 
ies of the justices of the supreme court shall be 
‘six thousand dollars each. Until otherwise 
changed by the legislature, the superior court 
judges shall receive an annual salary of three 
thousand dollars each, payable monthly, except 
the judges of the city and county of San Fran- 
cisco, and the counties of Alameda, San Joaquin, 
Los Angeles, Santa Clara, Yuba and Sutter com- 





enoenar Cons A on che legislature shall Provil’ 

ec. 16. : : : such opin 

a the speedy publication of su of appeal 

supreme a: 
supreme court 

cae pee a be free for publica 


, 


istrict 
court and of Be eel expedient, and all 
tion by any person. 


Hennings Constitution p. 232. 

Sec. 17. [Art. VI] 'The justices of the supreme 
court and of the district courts of appeal, and the 
judges of the superior court Shall severally, at 
stated times during their continuance in office, re- 
ceive for their services such compensation as is or 
shall be provided by law, which shall not be in- 
creased or diminished after their election, nor dur- 
ing the term for which they shall have been elected. 
The salaries of the justices of the Supreme court 
and of the district courts of appeal shall be paid 
by the state. One half of the salary of each supe- 
rior court judge shall be paid by the state; the other 
half thereof shall be paid by the county for which 
he is elected. 





Hennings Constitution p. 233. 

Sec. 18. [Art. VI] The justices of the supreme 
court, and of the district courts of appeal, and the 
judges of the superior courts shall be ineligible to 
any other office or public employment than a judi- 
cial office or employment during the term for which 
they shall have been elected. 





183 - CONSTITUTION OF 1879. Art. VI, §§ 18, 19 


bined, Sacramento, Butte, Nevada, and Sonoma, 
which shall receive four thousand dollars each. 


SALARIES OF JUDICIAL OFFICERS.—This pro- 
vision does not exempt judges from the necessity of 
an appropriation for their salaries by the legislature. 
(Myers y. English, 9 Cal. 341.) 


Sec. 18. The justices of the supreme court and 
judges of the superior courts shall be ineligible to 
any other office or public employment than a ju- 
dicial office or employment during the term for 
which they shall have been elected. 


Sec. 19. Judges shall not charge juries with 
respect to matters of fact, but may state the tes- 
timony and declare the law. 


INSTRUCTIONS.—A mere statement of the evi- 
dence is not in violation of this section. (People v. 
Christensen, 85 Cal. 568, 24 Pac. 888.) 

It is error for the judge to state his impressions of 
the substance and effect of the testimony without 
stating its contents, and to tell the jury that other 
witnesses corroborate certain statements of the pros- 
ecuting witness. (People v. Gordon, 88 Cal. 422, 26 
Pac. 502.) 

An instruction that ‘‘the testimony in the case 
shows” certain facts is violative of this section. (Peo- 
ple v. Casey, 65 Cal. 260.) 

A charge which assumes as proven a fact in issue 
is erroneous. (Caldwell v. Center, 30 Cal. 539; Peo- 
ple v. Dick, 32 Cal. 213.) 

As to the effect of this provision on section 2061 
of the Code of Civil Procedure, see People v. Paulsell, 
115 Cal. 6, 14, 46 Pac. 734. 

Improper instructions.—The following particular 
instructions have been held to violate this section: 
An instruction that possession of property recently 
stolen is a strong circumstance of guilt (People v. 


Art. VI,§19 | CONSTITUTION oF 1879. 184 


Cline, 74 Cal. 575, 16 Pac. 391; People v. Titherington, 
59 Cal. 598; People v. Ah Sing, 59 Cal. 400); an instruc- 
tion that the recent possession of stolen goods raises 
a presumption thatthe possessor is the thief(Peoplev. 
Gutierrez, 74 Cal. 81, 15 Pac. 444; People v. Mitchell, 
55 Cal. 236); an instruction that the flight of. the de- 
fendant is strong presumptive evidence of his guilt 
(People v. Wong Ah Ngow, 54 Cal. 151); a charge 
as to the relative value of direct and circumstantial 
evidence (People v. Vereneseneckockockhoff, 129 Cal. 
497, 58 Pac. 156, 62 Pac. 111; People v. O’Brien, 130 
Cal. 1, 62 Pac. 297); an instruction that “it may be 
impossible to show or establish a motive, for the rea- 
son that we cannot fathom the mind of the accused 
on trial, and ascertain if there is not a hidden de- 
sire of vengeance or some passion to be gratified” 
(People v. Vereneseneckockockhoff, 129 Cal. 497, 58 
Pac. 156, 62 Pac. 111; People vy. Botkin, 1382 Oal/ Zs); 
an instruction that certain facts are proper to be tak- 
en into consideration by the jury. as throwing doubt 
upon a certain controverted fact (People vy. Lee, 119 
Cal. 84, 51 Pac. 22); an instruction that if the jury 
are satisfied that an attempt to commit rape was 
made, the evidence must also satisfy them that it 
was accomplished, and that in the opinion of the 
judge upon the evidence there could be no conviction 
of an attempt (People v. Baldwin, 117 Cal. 244, 49 
Pac. 186); an instruction that if the prosecutrix com- 
mitted lewd and immodest acts, she was not of 
chaste character (People vy. Samonset, 97 Cal. 448, 32 
Pac. 520); an instruction that the testimony of an 
accomplice ought to be viewed with distrust, and the 
evidence of the oral admissions of a party with ecau- 
tion (People v. O’Brien, 96 Cal. 171, 31 Pac. 45); an 
instruction that, if the testimony is believed, it would 
undoubtedly make out a case of murder in the first 
degree. and that it tended to show that the murder 
was willful (People v. Chew Sing Wing, 88 Cal. 268, 
25 Pac. 1099); an instruction that the testimony of 
the prosecuting witness not being disputed, the jury 
were bound to presume it to. be true, where there is 
a conflict as to the facts testified to by such witness 
(People v. Murray, 86 Cal. 31, 24 Pac. 802); an in- 
struction virtually assuming the testimony of a party 


185 CONSTITUTION OF 1879. Art. VI, § 20 


to a material fact to be true (Vulicevich vy. Skinner, 
77 Cal. 239, 19 Pac. 424); an instruction that unless 
the dam had gates sufficient for certain named pur- 
poses, it was insufficiently and negligently con- 
structed (Weiderkind v. Tuolumne County Water Co., 
65 Cai. 481, 4 Pac. 415). 

Proper instructions.—On the other hand, the fol- 
lowing instructions have been held not to violate 
this provision: An instruction that the jury may con- 
sider the circumstance that the defendant fled from 
arrest (People v. Ross, 115 Cal. 233, 46 Pac. 1059); an 
instruction that there is no evidence which would re- 
duce the crime charged to manslaughter (People v. 
King, 27 Cal. 507); an instruction that there was evi- 
dence tending to show that the watch was taken near 
the door, and that the defendant testified that he 
picked it up near the counter (People v. Perry, 65 
Cal. 568, 4 Pac. 572); an instruction that possession 
of stolen goods soon after they were stolen, unless sat- 
isfactorily explained, is a circumstance to be consid- 
ered in connection with other suspicious facts, in de- 
termining the guilt of the defendant (People v. Han- 
non, 85 Cal. 374, 24 Pac. 706); an instruction that the 
jury might consider the relation of the defendant to 
the case in considering his testimony, the conse- 
quences to him resulting from the verdict, ete. (Peo- 
ple v. O’Brien, 96 Cal. 171, 31 Pac. 45); an instruction 
that a ratification may be found from an unreason- 
able delay to object (Hill v.’ Finigan, 77 Cal. 267, 19 
Pac. 494). 


Sec. 20. The style of all process shall be, “The 
People of the State of California,” and all prose- 
cutions shall be conducted in their name and by 
their authority. 


PROCESS.—The word “process”? as used in this 
section does not apply to the warrants by which 
prisoners are held and committed to the state prison 
after conviction. (Ex parte Ahern, 108 Cal. 412, 37 
Pac. 390.) 

The notice to be given to creditors on filing a pe- 
tition in insolvency is not process; and even if it were 


Art. VI, §§ 21-23 CONSTITUTION oF 1879, 186 


process, the fact that it does not run in the name of 
the people of the state of California is not a fatal er- 
ror going to the jurisdiction. (Brewster vy. Ludekins, 
19 Cal. 162.) 

An action to punish a defendant for the violation 
of an ordinance is a criminal action, and must be 
prosecuted in the name of the people. (Santa Bar- 
bara v. Sherman, 61 Cal. 57.) 

An act authorizing the removal of a board of super- 
visors from office for delay in fixing water rates “at 
the suit of any interested party” is in conflict with 
this section. (Fitch v. Supervisors, 122 Cal. 285, 54 
Pac. 901.) 

An order of arrest in a civil action is not “process” 
within the meaning of this section. (Dusy v. Helm, 
59 Cal. 188.) 


Sec. 21. The justices shall appoint a reporter 
of the decisions of the supreme court, who shall 
hold his office and be removable at their pleasure. 
He shall receive an annual salary not to exceed 
twenty-five hundred dollars, payable monthly. 


REPORTER OF DECISIONS.—The provision of 
this section as to the salary of the reporter is pro- 
hibitory, and forbids a salary greater than two thou- 
sand five hundred dollars. (Smith v. Kenfield, 57 
Cal. 188.) 

Sec. 22. No judge of a court of record shall 
practice law in any court of this state during his 


continuance in oftice. 


Sec. 23. No one shall be eligible to the office 
of justice of the supreme court, or to the office 
of judge of a superior court, unless he shall have 
been admitted to practice before the supreme court 
of the state. 


No judge o € supreme court 
t of appeal, nor a Superior 
i Salary un- 
less he shall make and Subscribe an affidavit before 
an officer entitled to administer oaths, that no 
cause in his court remains pending and undecided, 
that has been Submitted for decision for a period of 
ninety days. In the determination of causes all 
decisions of the supreme court and of the district 
courts of appeal Shall be given in writing, and the 
srounds of the decision shall be stated. When the 
justices of a district court of appeal are unable to 
concur in a judgment, they shall give their several 
Opinions in writing and Cause copies thereof to be 
forwarded to the supreme court. 








Hennings Constitution p. 239. 

Sec. 21. [Art. VI] The supreme court may a 
point a reporter and not more than three assista 
reporters of the decisions of the supreme court a 
of the district courts of appeal. Each of the di 
trict courts of appeal shall appoint its own cle 
All the officers herein mentioned shall hold offi 


and be removable at the pleasure of the courts 
which they are severally appointed, and they shi: 
receive such compensation as shall be prescrib 
by law, and discharge such duties as shall be pr 
scribed by law, or by the rules or orders of t 
courts by which they are severally appointed. 








Zonst.;—) Art; Vi, Sec: “21, 
Supreme court clerk; reporter. 

Section 21. [The supreme court shall appoint a clerk of the 
supreme court; provided, however, that any person elected to the 
office of clerk of the supreme court before the adoption hereof, 
shall continue to hold such office until the expiration of the term 
for which he may have been elected. Said] court may [also] 
appoint a reporter and not more than three assistant reporters of 
the decisions of the supreme court and of the district courts of 
appeal. Each of the district courts of appeal shall appoint its 
own clerk. All the officers herein mentioned shall hold office and 
be removable at the pleasure of the courts by which they are 
severally appointed, and they shall receive such compensation as 
shall be prescribed by law, and discharge such duties as shall be 
prescribed by law, or by the rules or orders of the courts by which 
they are severally appointed. [Amendment adopted October 10, 
19d 





saa 


See. 25. [Art. VI] The present supreme court 
commission shall be abolished at the expiration of 


its present term of office, and no suvreme court 
commission shall be created or provided for after 
January ist, A. D. 1905. 





a 





187 CONSTITUTION OF 1879. Art. VI, § 24 


Sec. 24. No judge of a superior court nor of 
the supreme court shall, after the first day of 
July, one thousand eight hundred and eighty, be 
allowed to draw or receive any monthly salary un- 
less he shall take and subscribe an affidavit be- 
fore an officer entitled to administer oaths, that 
no cause in his court remains undecided that has 
been submitted for decision for the period of 
ninety days. 

DECISIONS.—Failure to decide all cases within 


ninety days does not work a forfeiture of the salary 
of the judge. (Meyers v. Kenfield, 62 Cal. 19 


Art. VIT, §‘1 CONSTITUTION OF 1879. | «£88 


ARTICLE VII. 
PARDONING POWER. 


Section 1. The governor shall have the power 
to grant reprieves, pardons, and commutations of 
sentence, after conviction, for all offenses except 
treason and cases of impeachment, upon such con- 
ditions, and with such restrictions and limitations, 
as he may think proper, subject to such regula- 
tions as may be provided by law relative to the 
manner of applying for pardons. Upon convie- 
tion for treason, the governor shall have power 
to suspend the execution of the sentence until the 
case shall be reported to the legislature at its 
next meeting, when the legislature shall either 
pardon, direct the execution of the sentence, or 
grant a further reprieve. The governor shall 
communicate to the legislature, at the beginning 
of every session, every case of reprieve or pardon 
granted, stating the name of the convict, the 
crime of which he was convicted, the sentence, its 
date, the date of the pardon or reprieve, and 
the reasons for granting the same. Neither the 
governor nor the legislature shall have power to 
grant pardons, or commutations of sentence, in 


189 CONSTITUTION OF 1879. Art. VII, § 1 


any case where the convict has been twice con- 
victed of felony, unless upon the written recom- 
mendation of a majority of the judges of the su- 
preme court. 


PARDONING POWER.—The pardoning power is 
the same as that exercised by the representatives of 
the English crown in this country in colonial times. 
(People v. Bowen, 43 Cal. 489.) 

A document signed by the governor releasing a 
prisoner before the expiration of his term for good 
behavior does not remove the disability to testify. 
(Blane yv. Rodgers, 49 Cal. 15.) 

A pardon removes the disability to testify, and all 
disabilities which follow the conviction. (People v. 
Bowen, 43 Cal. 489.) 

An offender may be pardoned after he has suffered 
the punishment adjudged for his crime. (People v. 
Bowen, 48 Cal. 489.) 

An executive act restoring a convicted criminal to 
the right of citizenship is not a pardon and does not 
remove the legal infamy and disability. (People v 
Bowen, 48 Cal. 439.) 

The pardoning power does not extend to the rein- 
statement of an attorney excluded from the practice 
by law or the order of a court. (Cohen vy. Wright, 
22 Cal. 293, 323.) 

The governor may pardon as well before as after 
trial. (Hatzfield v. Gulden, 7 Watts, 152; York Co. 
v. Dalhousie, 45 Pa. St. 872; Commonwealth v. Hilch- 
man, 46 Pa. St. 357.) 

The pardon may be conditional as well as absolute. 
(Howell’s Case, 8 Watts & S. 197; People v. Potter, 1 
Park. C. C. 47; Ex parte Wells, 18 How. 314.) 

If a pardon be obtained by fraud it may be re- 
voked before actual delivery. (Ex parte De Puy, 3 
Ben. 307; Commonwealth v. Ahl, 43 Pa. St. 53.) 

The pardoning power has no authority to decree a 
repayment of a fine. (Cook v. Middlesex, 27 N. J. L. 
637.) 

Delivery is essential to give effect to a pardon. 
(Matter of De Puy, 3 Ben. 320; Commonwealth v. 
Halloway, 41 Pa. St. 210.) 


Art. VIII, §1 CONSTITUTION oF 1879. 190 


ARTICLE VIII. 
MILITIA. 


§ 1. Organization and calling forth of. 
§ 2. Device, banner, or flag to be used. 


Section 1. The legislature shall provide, by 
law, for organizing and disciplining the militia, 
in such manner as it may deem expedient, not in- 
compatible with the constitution and laws of the 
United. States. Officers of the militia shall be 
elected or appointed in such manner as the legis- 
lature shall from time to time direct, and shall 
be commissioned by the governor. The governor 
shall have power to call forth the militia to exe- 
cute the laws of the state, to suppress insurrec- 
tions, and repel invasions. 

MILITIA.—As to the power of the governor to call 
out the militia, see Stimson’s American Statute Law, 
sec. 298. 

An act authorizing the governor to call out the 
militia when he deemed it necessary to suppress riots 
or mobs was held unconstitutional. (Green v. State, 
15 Lea, 708.) 

The mere refusal, by incumbents of offices, to sur- 
render them is not an insurrection, and will not jus- 


tify employment of the militia. (In re Fire ete. 
Commrs., 19 Colo. 503.) 1 


491 CONSTITUTION OF 1879. Art. VIII, § 2 


Sec. 2. All military organizations provided for 
by this constitution, or any law of this state, and 
receiving state support, shall, while under arms 
either for ceremony or duty, carry no device, ban- 
ner, or flag of any state or nation, except that of 
the United States or the state of California. 


Art. IX, §1 CONSTITUTION OF 1879. 192 


ARTICLE IX. 
EDUCATION. 


Promotion of intellectual improvement. ~ 

Superintendent of public instruction. 

County superintendents of schools. 

School funds, source and origin, and how ap- 

propriated. 

System of common schools to be provided. 

é School system, what to include. 

§ 7. Text-books, who to adopt—Local boards of ed- 
ucation. 

§ 8. Sectarianism prohibited. 

§ 9. University fund, creation, management, and 
application of. 

§ 10. Leland Stanford Junior University. 

§ 11. The California School of Mechanical Arts. 


Cr Gr 
Poh 


COP 
oo 


Section 1. A general diffusion of knowledge 
and intelligence being essential to the preservation 
of the rights and liberties of the people, the legis- 
lature shall encourage by all suitable means the 
promotion of intellectual, scientific, moral, and 
agricultural improvement. 


EDUCATION.—The. act of 1880 establishing the 
state agricultural society, and providing for the ex- 
hibition of breeds of horses, etc., and of agricultural, 
mechanical, and domestic manufactures and produc- 
tions, is authorized by this section. (Melvin y. State, 
121 Cal: 16, 538 Pac. 416.) 


193 CONSTITUTION OF 1879. Art. IX, §§ 2-4 


Sec. 2. <A superintendent of public instruction 
shall, at each gubernatorial election after the 
adoption of this constitution, be elected by the 
qualified electors of the state. He shall receive 
a salary equal to that of the secretary of state, 
and shall enter upon the duties of his office on 
the first Monday after the first day of January 
next succeeding his election. 


Sec. 3. A superintendent of schools for each 
county shall be elected by the qualified electors 
thereof at each gubernatorial election; provided, 
that the legislature may authorize two or more 
counties to unite and elect one superintendent for 
the counties so uniting. 


SUPERINTENDENT.—The superintendent of 
schools is a county officer. (People v. Babcock, 114 
Cal. 559, 46 Pac. 818.) 

The superintendent of schools of San Francisco is 
not affected by the provision of the County Govern- 
ment Act making the board of supervisors the ap- 
pointing power. (People v. Babcock, 114 Cal. 559, 46 
Pac. 818.) 

The election of superintendent of schools is gov- 
erned by this constitutional provision, and not by the 
County Government Act. (IXahn vy. Sutro, 114 Cal. 
o10, 40 Puc. 87.) 

Under a provision of the Consolidation Act provid- 
ing that officers appointed to fill vacancies should 
hold office ‘‘until the regular election then next fol- 
lowing,” a superintendent of schools thus appointed 
will only hold till the next general election, and not 
till the next gubernatorial election. (People v. Bab- 
cock, 123 Cal. 307, 55 Pac. 1017.) 


Sec. 4. The proceeds of all lands that have 
been or may be granted by the United States to 


; Constitution—17 


Art. IX, §5 CONSTITUTION oF 1879. 194 


this state for the support of common schools which 
may be, or may have been, sold or disposed of, 
and the five hundred thousand acres of land 
granted to the new states under an act of Con- 
gress distributing the proceeds of the public lands 
among the several states of the Union, approved 
A. D. one thousand eight hundred and forty-one, 
and all estates of deceased persons who may have 
died without leaving a will or heir, and also such 
per cent. as may be granted, or may have been 
granted, by Congress on the sale of lands in this 
state, shall be and remain a perpetual fund, the 
interest of which, together with all the rents of 
the unsold lands, and such other means as the 
legislature may provide, shall be inviolably ap- 
propriated .to the support of common schools 
throughout the state. 


SCHOOL FUND.—The word “means” includes any 
fund arising from annual taxation for school purposes 
levied under general laws passed for that purpose. 
(Crosby v. Lyon, 37 Cal. 242.) 

Whenever the legislature raises a fund for the sup- 
port of common schools, any contemporaneous or sub- 
sequent legislation having for its object the diversion 
of such fund to any other purpose is void. (Crosby 
v. Lyon, 37 Cal. 242.) 

This section does not limit the power of the legis- 
lature to declare that aliens may be heirs. It con- 
templates some procedure in the nature of office 
found by which the right of the state shall be ascer- 
tained and determined, and legislation providing for 
the sale of the land. (State v. Smith, 70 Cal. 1538, 12 
Pac. 121.) 


Sec. 5. The legislature shall provide for a sys- 
tem of common schools by which a free school 





Article IX, Section 6. 


See. 6. The public school system shall include 
primary and grammar schools, and such high 
schools, evening schools, normal schools, and 
technical schools as may be established by the 
legislature, or by municipal or district authority. 
The entire revenue derived from the state school 
fund and from the general state school tax shall 
be applied exclusively to the support of primary 
and grammar schools; but the legislature may 
authorize and cause to be levied a special state 
school tax for the support of high schools and 
technical schools, or either of such schools, in- 
eluded in the public school system, and all 
revenue derived from such special tax shall be 
applied exclusively to the support of the schools 
for which such special tax shall be levied. 
(Amendment adopted November 4, 1902.) 








195 CONSTITUTION OF 1879. Art. IX, § 6 


shall be kept up and supported in each district at 
least six months in every year, after the first year 
in which a school has been established. 


SCHOOL SYSTEM.—The opportunity for instruc- 
tion in public schools given by the statutes and con- 
stitution is a legal right, as much as a vested right in 
property. (Ward v. Flood, 48 Cal. 36.) 

By the constitution the educational department is 
made a state, as distinguished from a municipal, 
care, and the regulation of schools in San Francisco 
does not remain unchangeable under the Consolida- 
tion Act. The Consolidation Act may remain for mu- 
nicipal purposes, yet the educational department, as 
a state matter, be subject to general laws passed for 
that purpose. (Harl vy. Board of Education, 55 Cal. 
489.) 

This provision requires the adoption of one sys- 
tem, which shall be applicable to all the common 
schools. (Kennedy v. Miller, 97 Cal. 429, 32 Pac. 558; 
San Diego v. Dauer, 97 Cal. 442, 32 Pac. 561; Bruch 
v. Colombet, 104 Cal. 347, 38 Pac. 45.) 

It does not authorize one system for school dis- 
tricts having boards of education, and another sys- 
tem for school districts not having boards of educa- 
tion. (Bruch v. Colombet, 104 Cal. 347, 38 Pac. 45.) 

It is within the constitutional power of the legis- 
lature to provide for the establishment of separate 
schools for colored children, and the exclusion of ecol- 
ored children from schools attended by white ¢chil- 
dren. (Wysinger v. Crookshank, 82 Cal. 588, 23 Pac. 
54; Ward v. Flood, 48 Cal. 36.) 

But the legislature cannot, while providing a sys- 
tem of education for the youth of the state, exclude 
from ‘its benefits children merely because of their 
African descent. (Ward v. Flood, 48 Cal. 36.) 


Sec. 6. The public school system shall include 
primary and grammar schools, and such high 
schools, evening schools, normal schools, and tech- 
nical schools as may be established by the legis- 


Art. IX, § 7 CONSTITUTION OF 1879. 196 


lature, or by municipal or district authority; but 
the entire revenue derived from the state school 
fund, and the state school tax, shall be applied 
exclusively to the support of primary and gram- 
mar schools. 


SCHOOLS AND FUNDS.—High schools are an in- 
tegral part of our public school system. (Chico High 
School Board v. Supervisors, 118 Cal. 115, 50 Pace. 
hol 

A law providing a special method of levying a tax 
for high schools, differing from that provided for 
other school districts, is valid. (People v. Lodi High 
School Dist., 124 Cal. 694, 57 Pac. 660.) 

A statute authorizing county assessors to retain, as 
their compensation in collecting, fifteen per cent. of 
all poll taxes collected by them, is not in conflict wi’ 
this section, since the word “exclusively” is directed 
to the point that the school funds must be applied to 
the support of primary and grammar schools, to the 
exclusion of other schools. (San Luis Obispo v. 
Felts, 104 Cal. 60, 37 Pac. 780.) 

The words ‘‘average daily attendance,” used in sub- 
division 4 of section 1858 of the Political Code, in re- 
gard to apportionment of funds, mean average daily 
attendance in the common schools of the district, and 
do not include the high schools and evening schools. 
(Stockton School Dist. v. Wright, 22 Cal. Dec. 353.) 


Sec. 7. The governor, the superintendent of 
public instruction, the president of the University 
of California, and the professor of pedagogy 
therein, and the principals of the state normal 
schools shall constitute the state board of educa- 
tion, and shall compile, or cause to be compiled, 
and adopt, a uniform series of text-books for use 
in the common schools throughout the state. The 
state board may cause such text-books, when 


Coost.ssArt. TX, Sec.’ 7. 

State board of education; text books; county boards of education. 
Section 7. The governor, the superintendent of public instruc- 
tion, the president of the University of California, and the profes- 
sor of pedagogy therein and the principals of the state normal 
schools, shall constitute the state board of education, and shall 
compile, or cause to be compiled, and adopt a uniform series of 
text-books for use in the common schools throughout the state. 
The state board may cause such text-books when adopted, to be 
printed, and published by the superintendent of state printing, at 
the state printing office; and when so printed and published, to be 
distributed and sold at the cost price of printing, publishing and 
distributing the same. The text-books, so adopted, shall continue 
in use not less than four years [without any change or alteration 
whatsoever which will require or necessitate the purchase of new 
books by such pupils,J] and said state board shall perform such 
other duties as may be prescribed by law. The legislature shall 
provide for a board of education in each county in the state. The 
county superintendents and the county boards of education shalt 
have control of the examination of teachers and the granting of 
teachers’ certificates within their respective jurisdictions. [Amend- 
ment adopted October 10, 1911.] 





197 CONSTITUTION OF 1879, AT 1X; 87 


adopted, to be printed and published by the su- 
perintendent of state printing, at the state print- 
ing office, and, when so printed and published, to 
be distributed and sold at the cost price of print- 
ing, publishing, and distributing the same. The 
text-books so adopted shall continue in use not 
less than four years; and said state board shall 
perform such other duties as may be prescribed by 
law. The legislature shall provide for a board 
of education in each county in the state. The 
county superintendents and the county boards of 
education shall have control of the examination 
of teachers and the granting of teachers’ certifi- 
cates within their respective jurisdictions. 
[Amendment adopted November 6, 1894. ] 


[AMENDMENT OF 1885. ] 

Sec. 7. The governor, superintendent of public in- 
struction, and the principals of the state normal 
schools, shall constitute the state board of education, 
and shall compile, or cause to be compiled, and adopt 
a uniform series of text-books for use in the com- 
mon schools throughout the state. The state board 
may cause such text-books, when adopted, to be 
printed and published by the superintendent of state 
printing, at the state printing office; and when so 
printed and published, to be distributed and sold at 
the cost price of printing, publishing, and distribut- 
ing the same. The text-books, so adopted, shall con- 
tinue in use not less than four years; and said state 
board shall perform such other duties aS may be 
prescribed by law. The legislature shall provide for 
a board of education in each county in the state. 
The county superintendents and the county boards of 


Art. EAS 7 CONSTITUTION OF 1879. 198 


education shall have control of the examination of 
teachers and the granting of teachers’ certificates 
within their respective jurisdictions. [Ratification 
declared February 12, 1885.] 


[ORIGINAL SECTION.] 

Sec. 7. The local boards of education, and the 
boards of supervisors, and the county superintendents 
of the several counties which may not have county 
boards of education, shall adopt a series of text-books 
for the use of the common schools within their re- 
spective jurisdictions; the text-books so adopted shall 
continue in use for not less than four years; they 
shall also have control of the examination of teachers 
and the granting of teachers’ certificates within their 
several jurisdictions. 


TEXT-BOOKS, ETC.—This section is self-execut- 
ing in so far as it provides for the selection of text- 
books by local boards, and operated as a repeal of 
the act of 1875, which provided that the text-books 
in use in the years 1873, 1874, 1875, should be con- 
tinued in use until otherwise provided by statute. 
(People v. Board of Education, 55 Cal. 331.) 

The board of education is a legal body, capable 
of suing for lots conveyed to them by the fund com- 
missioners. (Board of Education v. Fowler, 19 Cal. 
Ts) 

The phrase “local board” applies to the territory 
over which it exercises jurisdiction as a board. Hach 
board is local as to the territory of its jurisdiction. 
The board in a city is local to the city; the board of 
a township is local as to the township, and the board 
of a county is local as to the county; and where por- 
tions of a county are subject to local boards for such 
portions, the county board is local as to the balance 
of the county. (People v. Board of Education, 55 
Cal. 331.) 

The provision of this section conferring upon coun- 
ty superintendents and the county board of education 
“control,” ete., is not to be construed as conferring 


199 CONSTITUTION OF 1879. Art. IX, §§ 8, 9 


unlimited or exclusive control, or power to legislate 
upon that subject, nor as taking away the power of 
the legislature to prescribe the rules by which the 
qualifications of teachers shall be determined, and to 
determine what shall entitle them to a certificate. 
(Mitchell vy. Winnek, 117 Cal. 520, 49 Pace. 579.) 


Sec. 8. No public money shall ever be appro- 
priated for the support of any sectarian or de- 
nominational school, or any school not under the 
exclusive control of the officers of the public 
schools; nor shall any sectarian or denomina- 
tional doctrine be taught, or instruction thereon 
be permitted, directly or indirectly, in any of the 
common schools of this state. | 


SECTARIAN SCHOOLS.—An act providing for 
the commitment of minor criminals to nonsectarian 
charitable corporations, the expense of maintenance 
to be paid by the county, is not in violation of this 
section, since it only applies to schools such as are 
provided for by the constitution. (Boys’ and Girls’ 
Aid Soc. v. Reis, 71 Cal. 627, 12 Pac. 796.) 

Sec. 9. The University of California shall 
constitute a public trust, and its organization and 
government shall be perpetually continued in the 
form and character prescribed by the organic act 
creating the same, passed March twenty-third, 
eighteen hundred and sixty-eight (and the sey- 
eral acts amendatory thereof), subject only to 
such legislative control as may be necessary to 
insure compliance with the terms of its endow- 
ments, and the proper investment and security of 
its funds. It shall be entirely independent of all 


Art. IX, §9 CONSTITUTION OF 1879. 200° 


political or sectarian influence, and kept free 
therefrom in the appointment of its regents, and 
in the administration of its affairs; provided, that 
all the moneys derived from the sale of the public 
lands donated to this state by act of Congress, ap- 
proved July second, eighteen hundred and sixty- 
two (and the several acts amendatory thereof), 
shall be invested as provided by said acts of Con- 
gress, and the interest of said moneys shall be in- 
violably appropriated to the endowment, support, 
and maintenance of at least one college of agri- 
culture, where the leading objects shall be (with- 
out excluding other scientific and classical studies, 
and including military tactics) to teach such 
branches of learning as are related to scientific 
and practical agriculture and the mechanic arts, 
in accordance with the requirements and condi- 
tions of said acts of Congress; and the legislature 
shall provide that if, through neglect, misappro- 
priation, or any other contingency, any portion 
of the funds so set apart shall be diminished or 
lost, the state shall replace such portion so lost 
or misappropriated, so that the principal thereof 
shall remain forever undiminished. No person 
shall be debarred admission to any of the col- 
legiate departments of the university on account — 
of sex. 3 


UNIVERSITY OF CALIFORNIA.—The Universi- 
ty of California is a public corporation. (Hstate of 
Royer, 123 Cal. 614, 56 Pac. 461.) 

The regents of the university are not public officers. 
(Lundy v. Delmas, 104 Cal. 655, 38 Pac. 445.) 


201 CONSTITUTION OF 1879. Art. IX, §10 


After the affiliation of the Hastings College of the 
Law with the University of California, the legisla- 
ture had no power to change the form of the govern- 
ment of the college. (People v. Kewen, 69 Cal. 215, 
10 Pae. 393.) 


Sec. 10. The trusts and estates created for 
the founding, endowment, and maintenance of 
the Leland Stanford Junior University, under 
and in accordance with “An act to advance learn- 
ing, etc.,” approved March ninth, eighteen hun- 
dred and eighty-five, by the endowment grant 
executed by Leland Stanford and Jane Lathrop 
Stanford on the eleventh day of November, A. D. 
eighteen hundred and eighty-five, and recorded 
in liber eighty-three of deeds, at page twenty-three 
et seg., records of Santa Clara county, and by 
the amendments of such grant, and by gifts, 
grants, bequests, and devises supplementary there- 
to, and by confirmatory grants, are permitted, ap- 
proved, and confirmed. ‘The board of trustees 
of the Leland Stanford Junior University, as 
such, or in the name of the institution, or by 
other intelligible designation of the trustees or of 
the institution may receive property, real or per- 
sonal, and wherever situated, by gift, grant, de- 
vise, or bequest, for the benefit of the institution, 
or of any department thereof, and such property, 
unless otherwise provided, shall be held by the 
trustees of the Leland Stanford Junior University 
upon the trusts provided for in the grant found- 
ing the university, and amendments thereof, and 


Art. TX,§11 CONSTITUTION oF 1879. 202 


grants, bequests, and devises supplementary there- 
to. The legislature, by special act, may grant to 
the trustees of the Leland Stanford Junior Uni- 
versity corporate powers and privileges, but it 
shall not thereby alter their tenure, or limit 
their powers or obligations as trustees. All prop- 
erty now or hereafter held in trust for the found- 
ing, maintenance, or benefit of the Leland Stan- 
ford Junior University, or of any department 
thereof, may be exempted by special act from state 
taxation, and all personal property so held, the 
Palo Alto farm as described in the endowment 
grant to the trustees of the university, and all 
other real property so held and used by the uni- 
versity for educational purposes exclusively, may 
be similarly exempted from county and municipal 
taxation; provided, that residents of California 
shall be charged no fees for tuition unless such 
fees be authorized by act of the legislature. 
[Amendment adopted November 6, 1900. | 


Sec. 11. All property now or hereafter be- 
longing to “The California School of Mechanical 
Arts,” an institution founded and endowed by the 
late James Lick to educate males and females in 
the practical arts of life, and incorporated under 
the laws of the state of California, November 
twenty-third, eighteen hundred and eighty-five, 
having its school buildings located in the city 
and county of San Francisco, shall be exempt 
from taxation. The trustees of said institution . 


Hennings Constitution p. 253. 

Sec. 12. [Art. IX] All property now or hereafter 
belonging to the “California Academy of Sciences,” 
an institution for the advancement of science and 
maintenance of a free museum, and chiefly endowed 
by the late James Lick, and incorporated under the 
laws of the State of California, January sixteenth, 


eighteen hundred and seventy-one, having its build- 
ings located in the city and county of San Fran- 
cisco, Shall be exempt from taxation. The trustees 
of said institution must annually report their pro- 
ceedings and financial accounts to the governor. 
The legislature may modify, suspend, and revive at 
will the exemption from taxation herein given. 








203 ' CONSTITUTION OF 1879. Art. IX, § 11 


must annually report their proceedings and finan- 
cial accounts to the governor. The legislature 
may modify, suspend, and revive at will the ex- 
emption from taxation herein given. [Amend- 
ment adopted November 6, 1900.] 


ATC SI CONSTITUTION OF 1879, 204 


ARTICLE X. 
STATE INSTITUTIONS AND PUBLIC BUILD- 
INGS. 
§ 1. State prison directors, appointment and term 


of office. 
Authority and duties of. 
Power of appointment of employees. 
Allowance for expenses. 
Powers and duties to be regulated by law. 
Convict labor to be regulated. 


Section 1. There shall be a state board of 
prison directors, to consist of five persons, to be 
appointed by the governor, with the advice and 
consent of the senate, who shall hold office for 
ten years, except that the first appointed shall, in 
such manner as the legislature may direct, be so 
classified that the term of one person so appointed 
shall expire at the end of each two years during 
the first ten years, and vacancies occurring shall 
be filled in like manner. The appointee to a va- 
cancy, occurring before the expiration of a term, 
shall hold office only for the unexpired term of — 
his predecessor. ‘The governor shall have the 
power to remove either of the directors for mis- 


Cr tr Or CO? Mr 
Se i lace od 


205 CONSTITUTION OF 1879. Art. X, §§ 2-4 


conduct, incompetency, or neglect of duty, after 
an opportunity to be heard upon written charges. 


PRISON DIRECTORS.—Under this section the 
governor has authority to make an investigation in- 
to the conduct of the state board of prison directors 
with a view of removing them from office. (Chap- 
man v. Stoneman, 638 Cal. 490.) 

See. 2. The board of directors shall have the 
charge and superintendence of the state prisons, 
and shall possess such powers, and perform such 
duties, in respect to other penal and reformatory 
institutions of the state, as the legislature may 
prescribe. 


Sec. 8. The board shall appoint the warden 
and clerk, and determine the other necessary offi- 
cers of the prisons. ‘The board shall have power 
to remove the wardens and clerks for misconduct, 
incompetency, or neglect of duty. All other offi- 
cers and employees of the prisons shall be ap- 
pointed by the warden thereof, and be removed 
at his pleasure. 


Sec. 4. The members of the board shall receive 
no compensation other than reasonable traveling 
and other expenses incurred while engaged in the 
performance of official duties, to be audited as the 
legislature may direct. 


COMPENSATION.—An act allowing the state 
prison directors mileage and ‘‘one hundred dollars for 
other expenses” is in conflict with this section, since 
the legislature is not authorized to audit the ex- 
penses, but is directed to provide how and before 

Constitution—18 


Art. X, §§ 5,6 CONSTITUTION OF 1879. 206 


what tribunal or board the expenses shall be audited. 
(People v. Chapman, 61 Cal. 262.) 

Sec. 5. The legislature shall pass such laws 
as may be necessary to further define and regulate 
the powers and duties of the board, wardens, and 
clerks, and to carry into effect the provisions of 
this article. 


Sec. 6. After the first day of January, eighteen 
hundred and eighty-two, the labor of convicts 
shall not be let out by contract to any person, 
copartnership, company, or corporation, and the 
legislature shall, by law, provide for the working 
of convicts for the benefit of the state. 


207 


Or Gr ar 


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eee re 


7 


8. 

8%. 

9. 
10. 
tli 


12. 


15. 


14. 
15. 


16. 
17. 
18. 
19. 


CONSTITUTION OF 1879. Art. XI 


ARTICLE XI. 
CITIES, COUNTIES, AND TOWNS. 


Counties as subdivisions of the state. 
Removal of county seats. 
New counties, establishment of. 
County governments to be uniform, under gen- 
eral laws. ‘ 
Boards of supervisors, election and appoint- 
ment of. 

‘Municipal corporations to be controlled by gen- 
eral laws. 

City and county governments may be consoli- 
dated. 

City charters, how framed and ratified. 

City and county charters, to contain what. 

Compensation of officers. 

State taxes, no release or discharge from. 

Local police, sanitary, and other regulations 
may be enforced. 

Assessment and collection of taxes. 

Powers not to be delegated to special commis- 
sion, etc. 

Inspection officers, appointment of. 

Private property not liable for corporate debt 
of municipality. 

Moneys, etc., to be deposited with treasurer. 

Making profit out of public funds a felony. 

Restriction on power to incur indebtedness. 

Street improvements. 


Art. XI, §§ 1-3 CONSTITUTION oF 1879. 208 


Section 1. The several counties, as they now 
exist, are hereby recognized as legal subdivisions 
of this state. 


COUNTIES.—The people of a county are not a cor- 
poration, nor can they sue or be sued, but the county 
itself is a corporation and the proper party plaintiff. 
(People v. Myers, 15 Cal. 33.) 

To constitute a county something more is required 
than a law defining its boundaries. A local govern- 
ment must be provided. (People v. McGuire, 32 Cal. 
140.) 

A county is a part of the state government, and 
eannot be sued without the consent of the state. 
(Sharp v. Contra Costa County, 34 Cal. 284.) 

The consolidated city and county of San Francisco 
is included in the designation “county.” (Kahn y. 
Sutro, 114 Cal. 316, 46 Pac. 87.) 

At common law an action did not lie against a 
county; and this was the law of this state until the 
legislature gave that right in 1854. (Gilman y. Con- 
tra Costa County, 8 Cal. 52.) 

The board of supervisors of a county is not the 
proper party defendant in an action upon a claim 
against the county. (Hastings v. San Francisco, 18 
Cal. 49.) 


Sec. 2. No county seat shall be removed un- 
less two-thirds of the qualified electors of the 
county, voting on the proposition at a general 
election, shall vote in favor of such removal. A 
proposition of removal shall not be submitted in 
the same county more than once in four years. 


COUNTY SEATS.—The legislature may delegate 
the power to the voters of a county to select a coun- 
ty seat. (Upham vy. Supervisors, 8 Cal. 378.) 

Sec. 3. The legislature, by general and uni- 
form laws, may provide for the formation of new 


Const.: Art. XI, Sec. 3. 
New counties. 

Section 3. The legislature, by general’ and uniform laws, may 
provide [for the alteration of county boundary lines,] and for the 
formation of new counties; provided, however, that no new county 
shall be established which shall reduce any county to a popula- 
tion of less than [twenty] thousand; nor shall a new county be 
formed containing a less population than [eight] thousand; nor 
shall any line thereof pass within five miles of the [exterior 
boundary of the city or town in which the] county seat of any 
county proposed to be divided [is situated.] Every county which 
shall be enlarged or created from territory taken from any other 
county or counties, shall be liable for a just proportion of the 
existing debts and liabilities of the county or counties from which 
such territory shall be taken. [Amendment adopted November 8, 
1910.] 








209 CONSTITUTION OF 1879. ATT. X1)8S 


‘ counties; provided, however, that no new county 
shall be established which shall reduce any county 
to a population of less than eight thousand; nor 
shall a new county be formed containing a less 
population than five thousand; nor shall any line 
thereof pass within five miles of the county seat 
of any county proposed to be divided. Every 
county which shall be enlarged or created from 
territory taken from any other county or counties, 
shall be liable for a just proportion of the exist- 
ing debts and liabilities of the county or counties. 
from which such territory shall be taken. [ Amend- 
ment adopted November 6, 1894. ] 


[ORIGINAL SECTION.] 


Sec. 3. No new county shall be established which 
shall reduce any county to a population of less than 
eight thousand; nor shall a new county be formed 
containing a less population than five thousand; nor 
shall any line thereof pass within five miles of the 
county seat of any county proposed to be divided. 
Every county which shall be enlarged or created 
from territory taken from any other county or coun- 
ties, shall be liable for a just proportion of the exist- 
ing debts and liabilities of the county or counties 
from which such territory shall be taken. 


NEW COUNTIES.—The legislature, except as re- 
strained by constitutional limitations, may change 
the boundaries of counties, consolidate two or more 
into one, or divide and create new counties out of 
the territory of one or more existing ones; and may 
make any provision it sees fit as to a division of the 
property and debts of such counties. (Los Angeles 
Co. v. Orange Co., 97 Cal. 329, 32 Pac. 316.) 

A newly created county does not become a county 


Art. XI, §3 CONSTITUTION OF 1879. 210 


until its organization is perfected by the election of 
its officers. (People v. McGuire, 32 Cal. 140.) 

The legislature cannot, in organizing a new county, 
change the term of the judges as fixed by the con- 
stitution. (People v. Templeton, 12 Cal. 394.) 

The last clause of this section relates only to the 
indebtedness of the county, and does not require any 
division of the assets of the old county. (Los Ange- 
les Co. v. Orange Co., 97 Cal. 329, 32 Pac. 316.) 

The legislature may fix the time at which to prop- 
erly determine what would be a “just proportion” 
of the debts and liabilities to be assumed by the new 
county. (Los Angeles Co. v. Orange Co., 97 Cal. 329, 
32 Pace. 316.) 

In creating a new county, it is for the legislature 
to determine how the debts and property of the coun- 
ty shall be divided and apportioned, and if the com- 
missioners fail by mistake to divide a claim exist- 
ing in favor of a county against the state, the rem- 
edy for such failure is legislative and not judicial, 
and the courts have no jurisdiction of an action by 
the new county to recover its proportion of such 
claim when paid by the state to the county from 
which the new county was formed. (Orange Co. vy. 
Los Angeles Co., 114 Cal. 390, 46 Pac. 178.) 

The courts have no power to determine what is a 
‘Just proportion” under this section. (Tulare Co. vy. 
Ikings Co., 117 Cal. 390, 49 Pac. 178.) 

Upon the division of a county, if no provision is 
made by law for any change in the custody of the 
swamp land fund, no action will lie on behalf of the 
new county to recover a share of such fund, but the 
legislature is the appropriate and only source of re- 
lief. (Kings Co. vy. Tulare Co., 119 Cal. 509, 51 Pace. 
866.) 

Where no provision is made as to the property and 
assets, the old county will be entitled to retain all 
public property and assets, except such buildings and 
structures as lie within the limits of the new, and 
will be liable for its prior obligations. (Colusa Co. 
v. Glenn Co., 124 Oal. 498, 57 Pac. 477.) © 

When a new county is organized out of a part of 
the territory before constituting another county, the 
claim of the old against the new county for pay- 


211 CONSTITUTION OF 1879. Art. XI, § 4 


ment of the new county’s proportion of the debts of 
the old county is of an equitable nature only, and 
requires legislation to enable the old county to en- 
force it. (Beals v. Supervisors, 28 Cal. 449.) 

The legislature may require a new county to pay 
interest upon a debt due to the old. (Beals v. Ama- 
dor Co., 35 Cal. 624.) 

If an equitable claim exists in favor of one county 
against another arising out of the erection of a new 
county out of territory taken in part from one coun- 
ty, the legislature may compel the board of super- 
visors of the county indebted to levy a special tax 
to pay the same. (Peopie v. Alameda Co., 26 Cal. 
641.) 

Upon the division of a county, with an agreed 
basis of apportionment of assets, which did not in- 
elude prior unpaid railroad taxes, the validity of 
which were disputed, and which were subsequently 
reassessed to each of the counties upon the basis of 
their respective railroad mileage, the original county 
may recover from the new county at least the dif- 
ference between the amount received by the old coun- 
ty and the amount it would have received upon the 
agreed basis of apportionment. (San Diego Co. v. 

tiverside Co., 125 Cal. 495, 58 Pac. 81.) 


Sec. 4. The legislature shall establish a sys- 
tem of county governments which shall be unti- 
form throughout the state; and by general laws 
shall provide for township organization, under 
which any county may organize whenever a ma- 
jority of the qualified electors of such county, 
voting at a general election, shall so determine ; 
and, whenever a county shall adopt township or- 
ganization, the assessment and collection of the 
revenue shall be made, and the business of such 
county and the local’ affairs of the several town- 
ships therein shall be managed and transacted in 
the manner prescribed by such general laws. 


Art. XI,84 CONSTITUTION oF 1879. ~ aT 


COUNTY GOVERNMENT.—The “system” or plan 
for the government of the several counties must be 
uniform so that its several parts shall be applicable 
to each county. (Welsh v. Bramlet, 98 Cal. 219, 33 
Pac. 66.) 

This section does not deprive the legislature of the 
power to pass an act requiring boards of supervisors 
of certain named counties to issue and sell county 
bonds for the improvement of roads. (People vy. Su- 
pervisors, 50 Cal. 561.) 

A provision of a County Government Act that in 
counties of a certain class county licenses collected 
in cities shall be paid into the treasuries of such 
cities for street improvements is in volation of this 
section. (San Luis Obispo vy. Graves, 84 Cal. 71, 23 
Pacw0e2) 

A provision of the County Government Act that in 
all counties of one particular class certain additional 
fees shall be collected for filing the inventory in es- 
tates of deceased persons is violative of this section. 
(Bloss v. Lewis, 109 Cal. 4938, 41 Pac. 1081.) 

The provisions of the County Government Act of 
1893 empowering certain of the county officers in 
counties of one particular class to appoint a cer- 
tain number of deputies, whose salaries are fixed by 
the act and made parable out of the county treas- 
ury, is valid, although in other counties the princi- 
pals must pay the salaries of their deputies. (Tu- 
lare Co. v. May, 118 Cal. 303, 50 Pac. 427; Freeman 
v. Barnum, 131 Cal. 386. Welsh v. Bramlet, 98 Cal. 
219, 338 Pac. 66; Walser v. Austin, 104 Cal. 128, 37 
Pac. 869, overruled.) 

TOWNSHIP GOVERNMENT.—The provision of 
this section as to town governments is not self-exe- 
cuting, and the legislature cannot confer upon the 
inhabitants of a certain territory, who have no town 
organization, the power to make laws. (Hx parte 
Wall, 48 Cal. 279.) 

The township government established by the 
County Government Act is not the township govern- 
ment mentioned in this section. (Longan v. Solano 
Co., 65 Cal. 122, 3 Pac. 463; Ex parte Wall, 48 Cal. 
279.) 


213 | * CONSTITUTION OF 1879. Art. XI, §5 


The legislature never has established towns with- 
in the meaning of the constitution. (Hx parte Wall. 
48 Cal. 279.) 


Sec. 5. The legislature, by general and uni- 
form laws, shall provide for the election or ap- 
pointment, in the several counties, of boards of 
supervisors, sheriffs, county clerks, district attor- 
neys, and such other county, township, and mu- 
nicipal officers as public convenience may require, 
and shall prescribe their duties, and fix their 
terms of office. It shall regulate the compensa- 
tion of all such officers, in proportion to duties, 
and for this purpose may classify the counties 
by population; and it shall provide for the strict 
accountability of county and township officers for 
all fees which may be collected by them, and for 
all public and municipal moneys which may be 
paid to them, or officially come into their posses- 
sion. 


COUNTY OFFICERS.—Under the former constitu- 
tion it was held that the provision requiring a uni- 
form system of county government was merely di- 
rectory. (People v. Lake Co., 33 Cal. 487.) 

But the provision of the present constitution {is 
mandatory, gives to the legislature exclusive author- 
ity to provide for the officers in the several counties, 
and to fix their terms and duties, provides that this 
must be done “by general and uniform laws,’ and 
that such laws must be uniformly applicable to all 
the counties of the state. (Welsh v. Bramlet, 98 Cal. 
219, 33° Pac. 66.) 

A statute providing for a system of county govern- 
ment, which jin its terms is limited to a portion of 
the state, is in violation of this section. (Hale v. 
MceGettigan, 114 Cal. 112, 45 Pac. 1049.) 


Art. XT, 85 CONSTITUTION OF 1879. ~ 214 


Election of officers.--It seems that under this sec- 
tion the legislature has power to provide that all 
county officers shall be appointed instead of elected. 
(Barton v. Kalloch, 56 Cal. 95.) 

The constitution does not fix the term of these 
officers, but merely directs that the legislature shall 
provide for their election by the people and shall 
fix by law the duties and compensation. (People vy. 
Brown, 16 Cal. 441.) 

When the constitution declares an office to be elec- 
tive it cannot be filled in any other mode, but when 
it has been filled by election, the legislature may ex- 
tend the term of the incumbent. (Christy v. Super- 
visors, 89 Cal. 8.) 

There is nothing in the constitution which requires 
that a person elected district attorney shall be ad- 
mitted to the bar. (People v. Dorsey, 32 Cal. 296.) 

The sheriff as such cannot perform the duties of 
tax collector. (Lathrop vy. Brittain, 30 Cal. 680.) 

The legislature is not prohibited from creating 
more than one revenue district in a county, and pro- 
viding for the election of assessor and tax collector 
in each district. (People v. Central Pac. R. R. Co., 
43 Cal. 398.) 

An act authorizing the district attorney of a coun- 
ty to bring suit in the name of the people to recover 
delinquent taxes does not interfere with the consti- 
tutional duties of the tax collector. (People v. Cen- 
tral Pac. R. R. Co., 48 Cal. 398.) 

The term ‘assessor’ does not necessarily mean an 
officer whose valuations are final. (Savings ete. 
Soc. v. Austin, 46 Cal. 415.) 


Compensation.—This section only authorizes one 
mode of fixing the compensation of officers, and that 
is to adjust the compensation in accordance with 
their respective duties, under a classification of coun- 
ties by population made for this purpose. (Knight. 
v. Martin, 128 Cal. 245, 60 Pac. 849; Dwyer v. Parker, 
115 Cal. 544, 47 Pace. 372.) 

The sole purpose of the classification provided for 
by this section is of regulating the compensation of 
the officers in proportion to their duties. A classi- 
fication for any other purpose is void. (San Luis 
Obispo v. Graves, 84 Cal. 71, 23 Pac. 1032; San Fran- 


ws CONSTITUTION OF 1879. Art. XI, §5 


cisco v. Broderick, 125 Cal. 188; 57 Pac. 887; Turner 
v. Siskiyou Co., 109 Cal. 332, 42 Pac. 434.*) 

An act creating a class of counties and designating 
it by population arbitrarily, and ~without reference to 
the classification contained in the general law, is in 
violation of this section. (San Francisco v. Broder- 
ick, 125 Cal. 188, 57 Pac. 887.) } 

A provision of the fee bill allowing just ices of the 
peace a certain portion of the fees collected by them 
as their compensation, irrespective of the classifica- 
tion contained in the County Government Act, is in- 
valid. (Dwyer v. Parker, 115 Cal. 544, 47 Pac. 372; 
Reid v. Groezinger, 115 Cal. 551, 47 Pac. 374.) 

The act of 1893 providing a special method of col- 
lecting fees in cities and counties of over one hun- 
dred thousand inhabitants is in violation of this 
provision. (Rauer vy. Williams, 118 Cal. 401, 50 Pac. 
691.) 

The legislature is not directed to regulate the 
compensation in accordance with the classification of 
the counties by population, but in proportion to du- 
ties, and as a means of doing that it is authorized to 
classify the counties according to population. (Lon- 
gan v. Solano Co., 65 Cal. 122, 3 Pac. 463; Welsh v. 
Bramlet, 98 Cal. 219, 33 Pac. 66.) 

What compensation of an officer should be deemed 
“in proportion to his duties” is a matter of fact to 
be ascertained and determined by the legislature, and 
not by the courts. (Green v. Fresno Co., 95 Cal. 329, 
30 Pac. 544.) 

This section does not prevent the legislature from 
allowing county ofiicers the fees collected in lieu of 
salaries. (San Luis Obispo v. Drake, 76 Cal. 92, 18 
Pac. 118; Green v. Fresno Co., 95 Cal. 329, 30 Paz. 
544. But see Kern Co. v. Fay, 1381 Cal. 547.) 

The legislature may provide that some county of- 
ficers may receive fees or per diem, and that others 
shall receive regular salaries. (Vail v. San Diego Co., 
126 Cal. 35, 58 Pac. 392.) 


*In considering the subject of classification, it 
must be remembered that, while counties can only 
be classified for the purpose above mentioned, cities 
and towns may be classified according to population 
for any purpose. (See note to next section.) 


Art. XI, §5 CONSTITUTION OF 1879. 216 


The legislature cannot change the measure of com- 
pensation of officers fixed by the County Government 
Act otherwise than by an amendment of it, preserving 
the standard fixed by the constitution of the classi- 
fication of counties by population for the purpose of 
fixing the compensation of officers. (Kiernan vy. 
Swan, 131 Cal. 410.) 

A law fixing the compensation of officers in all 
counties of a certain class is valid. (Summerland v. 
Bicknell, 111 Cal. 567, 44 Pac. 282.) 

The duty of regulating the compensation of alt 
county officers in proportion to duties cannot be dele- 
gated to boards of supervisors. (Dougherty v. Aus- 
tin, 94 Cal. 601, 28 Pac. 834, 29 Pac. 1092; People v. 
Johnson, 95 Cal. 471, 31 Pac. 611.) 


Classification.—There is no limit to the number of 
classes of counties that the legislature may make. 
(Longan v. Solano, 65 Cal. 122, 3 Pac. 463.) 

The provision of the County Government Act that, 
when the population of an existing county shall be 
reduced by reason of the creation of a new county 
from the territory thereof, below the class first as- 
sumed under that act, it should be the duty of the 
supervisors of such county to designate the class to 
which such county has been reduced, is not in con- 
flict with this section. (Kumbler v. Supervisors, 103 
Cal. 393, 37 Pac. 383.) 

The courts will take judicial notice of the popu- 
lation of cities and towns as shown by the United 
States census returns. (People v. Wong Wang, 92 
Cal. 277, 28 Pac. 27; People v. Williams, 64 Cal. 87, 
27 Pac. 9389; Welsh v. Bramlet, 98 Cal. 219, 33 Pac. 
66.) 

A county of a particular class is not ipso facto made 
a county of another class merely by the effect of a 
new census, but it remains in its original class until 
reorganized by the board of supervisors. (Hull v. 
Superior Court, 63 Cal. 174, per McKinstry, J.) 

As to when a city of one class passes from one class 
to another, see Ex parte Halstead, 89 Cal. 471, 26 
Pac. 961. 

The legislature has no power to arbitrarily place 
any particular county in any particular class. But 
where the legislature declares that a particular newly 


217 CONSTITUTION OF 1879. Art. XI, $5 


formed county shall belong to a particular class, it 
will be assumed that the legislature thereby deter- 
mined the popuiation of such county. (Sanders v. Se- 
horn, 98 Cal. 227, 33 Pac. 58; People v. McFadden, 81 
Cal. 489, 22 Pac. 851.) 


Particular acts.—A provision of the County Govern- 
ment Act, conferring power upon the supervisors to 
authorize the district attorney of any county to ap- 
point an assistant who shall receive a compensation 
fixed by the act, is void. (Knight v. Martin, 128 Cal. 
245, 60 F’ac. 849.) 

The provision of the County Government Act of 
1893, empowering certain officers of counties of one 
class to appoint a certain number of deputies, whose 
salaries are fixed by the act, and made payable out 
of the county. treasury, is valid, although in other 
counties the principals must pay the salaries of their 
deputies. (Tulare County v. May, 118 Cal. 303, 50 
Pac. 427. Welsh v. Bramlet, 98 Cal. 219, 33 Pac. 66; 
Walser vy. Austin, 104 Cal. 128, 37 Pac: 869, overruled.) 

A provision of the County Government Act provid- 
ing for bienntal election of county officers in counties 
of one particular class is void. (Hale v. McGettigan, 
114 Cal. 112, 45 Pac. 1049.) 

This section does not authorize the Primary EHlec- 
tion Law of 1895, which is expressly confined in its 
operation to counties of the first and second class. 
(Marsh vy. Supervisors, 111 Cal. 368, 43 Pac. 975.) 

This section does not authorize the collection in 
counties of one particular class of a percentage upon 
the inventory value of the estate for filing the inven- 
tory. (Bloss v. Lewis, 109 Cal. 498, 41 Pac. 1081.) 

Section 726 of the Code of Civil Procedure, confer- 
ring upon the court authority to appoint commission- 
ers to sell mortgaged property, does not violate this 
provision. (McDermot v. Barton, 106 Cal. 194, 39 Pace. 
538.) 

The board of supervisors of a county have no power 
to create the Office of license tax collector for the coun- 
ty. (El Dorado Co. v. Meiss, 100 Cal. 268, 34 Pace. 
716; Los Angeles Co. v. Lopez, 104 Cal. 257, 38 Pac. 
42. People v. Ferguson, 65 Cal. 288, 4 Pac. 4, over- 
ruled.) 

Constitution—19 


Art. XI; §'6 CONSTITUTION OF 1879. 218 


There is nothing in the constitution prohibiting the 
legislature from conferring upon the boards of super- 
visors of one county the power to lay out, open, and 
maintain a road in another county. (People v. Lake 
Co., 33 Cal. 487.) 

The provision of the County Government Act requir- 
ing assessors in counties of one particular class to pay 
all percentages for the collection of poll taxes into the 
county treasury is valid. (Summerland y. Bicknell, 
111 Cal. 567, 44 Pac. 232.) 

Sec. 6. Corporations for municipal purposes 
shall not be created by special laws; but the 
legislature, by general laws, shall provide for the 
incorporation, organization, and classification, in 
proportion to population, of cities and towns, which 
laws may be altered, amended, or repealed. Cities 
and towns heretofore organized or incorporated 
may become organized under such general laws 
whenever a majority of the electors voting at a 
general election shall so determine, and shall or- 
ganize in conformity therewith; and cities and 
towns heretofore or hereafter organized, and all 
charters thereof framed or adopted by authority 
of this constitution, except_in municipal affairs, 
shall be subject to and controlled by general laws. 
[The words “except in municipal affairs” inserted 


by amendment adopted November 3, 1896. ] 


MUNICIPAL CORPORATIONS.—The constitution 
does not, ex proprio vigore, create or establish any 
local, county, or municipal governments. (People y. 
Provines, 34 Cal. 520.) 

Neither does it abolish the municipalities of the 
state. (In re Guerrero, 69 Cal. 88, 10 Pac. 261.) 

Under the constitution of 1849 the legislature had 
power to create a municipal corporation by a spe- 
cial law. (People v. Levee Dist. No. 6, 181 Cal. 30.) 











ARTICLE XI. 


Corporations Formed Under General Laws. 

Section 6. Corporations for municipal purposes. shall not be 
created by special laws; but the legislature shall, by general laws, 
provide for the incorporation, organization, and classification, 
in proportion to population, of cities and towns, which laws may 
be altered, amended, or repealed; and the legislature may, by gen- 
eral laws, provide for the performance by county officers of certain 
of the municipal functions of cities and towns so incorporated, 
whenever a majority of the electors of any such city or town 

voting at a general or special election shall so determine. Cities 
and towns heretofore organized or incorporated may become 
organized under the general laws passed for ‘that purpose, when- 
ever a majority of the electors voting at a general election shall 
so determine, and shall organize in conformity therewith. Cities 
and towns hereafter organized under charters framed and 
adopted by authority of this constitution are hereby empowered, 
and (cities and towns heretofore organized by authority of this 
constitution ‘may aménd their charters in the manner author- 
ized by this constitution so as to become likewise — empowered 
hereunder, to make and _ enforce all laws and regulations ir ‘in 
respect to municipal affairs, subject only to the restrictions and 
limitations provided in their several charters, and in respect 
to other matters they shall be subject to and controlled by gen- 
eral laws. Cities and towns heretofore or hereafter organized 
by authority of this constitution may, by charter provision or 
amendment, provide for the performance by county officers of 
certain of their municipal functions, whenever the discharge of 
such municipal functions by county officers is authorized by 
general laws or by the provisions of a county charter framed and 
adopted by authority of this constitution. (Adopted November 3, 


1914.) 





219 CONSTITUTION OF 1879. Art. XI, §6 


A county is not a corporation for municipal pur- 
poses within the meaning of this section. (People 
v. McFadden, 81 Cal. 489, 22 Pac. 851.) 

A levee district is not a municipal corporation. 
(People vy. Levee Dist. No. 6, 181 Cal. 30.) 

An irrigation district is a public corporation. (Peo- 
ple v. Selma Irr. Dist., 98 Cal. 206, 82 Pac. 1047.) 

Municipal corporations are not limited to cities and 
towns; but the legislature may by general laws 
classify and provide for as many species of munici- 
pal corporations as, in its judgment, are demanded 
by the welfare of the state. (In re Madera Irr. Dist., 
92. Cal. 296, 28 Pac. 272.) 

Consolidated cities and counties are municipal cor- 
porations within the meaning of this section. (Den- 
man y. Broderick, 111 Cal. 96, 48 Pac. 516.) 

A reclamation district is a public corporation for 
municipal purposes, and under the old constitution 
might be created by special act. (Swamp Land Dist. 
No. 150 v. Silver, 98 Cal. 51, 32 Pac. 866.) 

The term “municipal’ is limited to “governmen- 
tal,’ and cannot be extended to commercial pur- 
poses. (Lew vy. Marysville, 5 Cal. 214.) 

Municipal corporations are but subordinate subdi- 
visions of the state, which may be created, altered, 
or abolished at the will of the legislature, which 
may enlarge or restrict their powers, direct the mode 
of their exercise, and define what acts they may 
or may not perform, subject to the limitation that 
the legislature cannot direct the performance of an 
act which will impair the obligations of a contract. 
(San Francisco v. Canavan, 42 Cal. 541.) 

Classification.—The object of classifying municipal 
corporations according to population, and in prevent- 
ing their creation by special laws, was to avoid the 
necessity of special legislation. (People v. Henshaw, 
76 Cal. 436, 18 Pac. 413.) 

This section does not limit the power of classifi- 
cation to purposes of the incorporation and organiza- 
tion of municipalities, but empowers the legislature 
to classify for the purpose of supplying the general 
laws required by the varying needs of the municipal- 
ities so classified. (Rauer vy. Williams, 118 Cal. 401, 
50 Pac. 691.) 


Art. XI, §6 CONSTITUTION oF 1879, 220 


But a law providing the conditions and mode of 
exercising the power of eminent domain in counties 
of one particular class is not authorized by this sec- 
tion. (Pasadena v. Stimson, 91 Cal. 238, 27 Pac. 604.) 

Classification must be founded on some constitu- 
tional or natural distinction, and must not be ar- 
bitrary. (Darcy v. Mayor, 104 Cal. 642, 38 Pac. 500.) - 

The classification mentioned in this section is one 
that will include all cities and towns. (Desmond y. 
Dunn, 55 Cal. 242.) 

The “McClure Charter” was, therefore, held uncon- 
stitutional, because: it excluded from its operation 
all municipal corporations, except consolidated city 
and county governments, and because it was also 
limited to municipal corporations of over one hundred 
thousand inhabitants, making no provision for those 
having less population. (Desmond y. Dunn, 55 Cal. 
242.) 

An act classifying all municipal corporations in the 
state into six classes according to population is a 
general law. (Pritchett v. Stanislaus Co., 738 Cal. 
310, 14 Pac. 795.) 

An act directed at and applicable to one particu- 
lar named municipal corporation, which takes away 
a large part of its territory, is special and local. (Peo- 
ple v. Common Council, 85 Cal. 369, 24 Pac. 727.) 

An act applying to the organization of one particu- 
lar class of municipal corporations is valid. (Mint- 
zer v. Schilling, 117 Cal. 361, 49 Pac. 209.) 

While the legislature cannot pass laws touching 
the organization and incorporation of municipalities 
except by conforming to the requirements of the class- 
ification act, upon other matters it may pass general 
and uniform laws applicable either to municipal cor- 
porations of a given class or to all of a separate class 
created by and designated in the act itself, provided 
some plain reason appears for the limitation to a 
class, where the law does not apply to all municipali- 
ties within the same general category. (Rauer v. Will- 
jams, 118 Cal. 401, 50 Pac. 691.) 

The act of 1893, providing a special method of col- - 
lecting fees in cities and counties of over one hun- 
dred thousand inhabitants, although in accordance 
with the general classification of cities, is not au- 


mol CONSTITUTION OF 1879. Arts A1c3.6 


thorized by this section, since it only applies to one 
class without reason why it should not apply to all. 
(Rauer v. Williams, 118 Cal. 401, 50 Pac. 691.) 

The act of 1891 creating police courts in cities hav- 
ing fifteen thousand and under eighteen thousand in- 
habitants, not being in conformity with the general 
classification of municipal corporations, is void. (Hx 
‘parte Giambonini, 117 Cal. 573, 49 Pac. 782.) 

An act providing for boards of election commis- 
sioners in cities and counties and counties having one 
hundred and fifty thousand or more inhabitants is 
void as an attempt to create a class of municipal cor- 
porations for a special purpose, without reference to 
the existing classification by general law. (Denman 
v. Broderick, t11 Cal. 96, 48 Pac. 516.) ; 

The legislature cannot by a special act create a 
class of cities by population of between ten thou- 
sand and twenty-five thousand, for the purpose of 
‘increasing the salaries of policemen in a particular 
city. (Darcy v. Mayor, 104 Cal. 642, 38 Pac. 500.) 

' As to when a city of one class passes from one 
Class to another, see Ex parte Halsted, 89 Cal. 471, 
20, Pac. 961. 

Formation.—The provision requiring that a “‘ma- 

jority of the electors voting at a general election” 
must determine the question of organization imports 
that a majority of all the electors voting at the elec- 
tion is necessary to carry the proposition, and not 
simply a majority of all the electors who vote upon 
the proposition. (People v. Berkeley, 102 Cal. 298, 
36 Pace. 591.) 
_ In the absence of statutory provisions as to the 
ownership of property belonging to a school district 
annexed to a city, real estate belongs to the munici- 
pality within which it is located as the result of the 
annexation. (Vernon ete. Dist. v. Board of Educa- 
tion, 125 Cal. 598, 58 Pac. 175.) 

An act providing for the annexation of territory to 
a city upon petition of electors of the municipality, 
_to the exclusion of the annexed territory, is valid, if 
the residents of the annexed territory are fully pro- 
-tected by requiring a majority of the voters thereof 
to authorize the annexation. (Vernon ete. Dist. v. 
Board of Education, 125 Cal. 593, 58 Pac. 175.) 


Art. XI,§6 . CONSTITUTION oF 1879. 222 


The legislature may delegate to municipal boards 
the power and discretion to say whether a railroad 
Shall be laid in the streets, and when and under what 
conditions. (Arcata v. Arcata etc. R. R. Co., 92 Cal. 
639, 28 Pac. 676.) 

Where territory is excluded from a municipal cor- 
poration, the legislature may adjust the burden of the 
corporate debt. (Johnson vy. San Diego, 109 Cal. 468, 
42 Pac. 249.) 

An act providing for the refunding of the indebt- 
edness of municipal corporations other than cities of 
the first class is authorized by this section. (Los 
Angeles v. Teed, 112 Cal. 319, 44 Pac. 580.) 

Charters.—City charters are subject to and con- 
trolled by general laws. (Kennedy v: Board of Edu- 
cation, 82 Cal. 483, 22 Pac. 1042; People v. Henshaw, 
76 Cal. 486, 18 Pac. 418; Ex parte Halsted, 89 Cal. 
471, 26 Pac. 961; Davies v. Los Angeles, 86 Cal. 37, 
24 Pac. 771; Ex parte Ah You, 82 Cal. 339, 22 Pac. 
929; In re Carrillo, 66 Cal. 3, 4 Pac. 695.) 

Prior to the amendment of 1896, the only excep: 
tion to this rule was that such charters were not sub- 
ject to general laws for the organization and incor- 
poration of municipal corporations, such as the Mu- 
nicipal Corporation Act. (People v. Bagley, 85 Cal. 
343, 24 Pac. 716.) ; 

This provision does not apply where there is no 
general law on a given subject to which the charter 
relates. (People v. Howard, 94 Cal. 73, 29 Pac. 485.) 

The charters of consolidated city and county goy- 
ernments are subject to the control of general laws. 
(People v. Babcock, 114 Cal. 559, 46 Pac. 818.) 

This provision is not to be construed as providing 

that charter provisions shall be repealed by a general 
law upon the same subject matter, but only that the 
operation of the inconsistent charter provision shall 
be suspended during the paramount operation of the 
general law. (Byrne y. Drain, 127 Cal. 663, 60 Pac. 
483.) 
Cities and towns incorporated previously to the 
new constitution are subject to and controlled by 
general laws enacted for the organization of such 
governments, but the charters of such cities and 
towns remain in force until a majority of the electors 


223 CONSTITUTION OF 1879. Art. XI, §6 


determine to become organized under general laws, 
or to frame a charter for their own government. 
(Desmond y. Dunn, 55 Cal. 242; People v. Hammond, 
66 Cal. 654, 6 Pac. 741; People v. Pond, 89 Cal. 141, 
26 Pac. 648.) 


General laws.—The following have been held to be 
general laws within the meaning of this section, and 
to be superior to city charters: The Vrooman Act, 
providing for street work in municipalities (Thom- 
ason v. Ruggles, 69 Cal. 465, 11 Pac. 20; Thomason 
v. Ashworth, 73 Cal. 73, 14 Pac. 615; Anderson v. 
De Urioste, 96 Cal. 404, 31 Pac. 266); the Hartson 
Act, providing for the election of county, city and 
county, and township officers in the even-numbered 
years (Staude v. Election Commrs., 61 Cal. 313); 
the provision of section 1001 of the Civil Code, pro- 
viding for the acquisition of private property through 
the exercise of the right of eminent domain (Santa 
Cruz vy. Enright, 95 Cal. 105, 30 Pac. 197); the pro- 
visions of the Political Code as to elections (Krag- 
ley v. Phelan, 126 Cal. 388, 58 Pac. 923); subdivision 
6 of section 8617 of the Political Code (Security 
Sav. ete. Co. v. Hinton, 97° Cal..214, 32)Pac. 3); the 
provision of the Political Code that all money per- 
taining to the public school fund shall be paid into 
the county treasury (Kennedy v. Miller, 97 Cal. 429, 
32 Pac. 558); the act of 1889, providing for chang- 
ing the boundaries of cities (People v. Coronado, 100 
Cal. 571, 85 Pac. 162). See, also, note to section 25, 
article 4. 

A provision of a city charter fixing the time dur- 
ing which the polis are to be open during a munic- 
ipal election is not in conflict with the general law, 
which only refers to state and county elections. (Peo- 
ple v. Hill, 125 Cal. 16, 57 Pac. 669.) 

The provision of the charter of Los Angeles requir- 
ing contracts with the city to be in writing is not 
subject to the provisions of the general law as to the 
execution of contracts in general. (Frick v. Los An- 
geles, 115 Cal. 512, 47 Pac. 250.) 

Notwithstanding the general law has defined an 
obstruction to a sidewalk a public nuisance and pun- 
ishable as such, a city may make it a misdemeanor 
to fail to remove an obstruction to a sidewalk, since 


Art. XI, §6 CONSTITUTION OF 1879. 224 


the municipality might legalize a partial obstruction 
of a street. (Ex parte Taylor, 87 Cal. 91, 25 Pac. 258.) 

A provision of a city charter prescribing the form 
of the complaint in all actions to recover city taxes, 
there being no provision of the general law on the 
subject, is valid. (Stockton v. Insurance Co.; Tai Gal. 
621, 15 Pac. 314.) 

A provision of a city charter allowing an assegs- 
ment of city taxes after the first Monday in March . 
was not superseded by section 8 of article 18 of the 
constitution, since that section only has reference to 
prospective assessments. (Stockton y. Insurance Co., 
73 Cal. 621, 15. Pac.-314.) 

Municipal affairs.—The amendment to this section 
in 1896 is retroactive and applies to all existing char- 
ters, and has the effect to remove the paramount 
control of general laws in respect to municipal af- 
fairs, and to restore the operation of municipal char- 
ters in respect to such affairs. (Byrne v. Drain, 127 
Cal. 663, 60 Pac. 4383.) . 

But that amendment did not revive provisions of 
eharters which were void when enacted. (Banaz y. 
Smith, 21 Cal. Dec. 735.) 

In other words, if the charter when adopted treated 
of a municipal affair which was afterward pro- 
vided for by the general laws, the charter provision 
was revived by the amendment (Byrne vy. Drain, 127 
Cal. 6638, 60 Pac. 483); but if at the time of the 
adoption of the charter a provision thereof was in- 
consistent with the general laws, it was void and was 
not revived by the amendment. (Banaz vy. Smith, 21 
Cal. Dee. 735.) 

A municipal affair is one which refers to the in- 
ternal business affairs of the municipality. (Fragley 
v. Phelan, 126 Cal. 3838, 58 Pac. 923.) 

The election of a board of freeholders and the 
adoption of a charter is not a municipal affair. (Frag- 
ley v. Phelan, 126 Cal. 388, 58 Pac. 923.) 

This provision does not prevent the annexation 
of additional territory to a city under an act of the 
legislature, with the consent of the municipality. 
(People v. Oakland, 123 Cal. 598, 56 Pac. 445.) 

Salaries of officers of the police and fire depart- 
ment of a city are municipal affairs. (Popper v. 
Broderick, 123 Cal. 456, 56 Pac. 53.) 


es Ta CONSTITUTION OF 1879. Art. XT, 8/7 


A county affair is not a “municipal affair.” (Popper 
v. Broderick, 123 Cal. 456, 461, 56 Pac. 53.) 

An act requiring the signature of the mayor to the 
tax levy deals with a municipal affair. (Morton v. 
Broderick, 118 Cal. 474, 50 Pac. 644.) 

The opening of streets in a city is clearly a munic- 


ipal purpose. (Sinton v. Ashbury, 41 Cal. 525; Byrne - 


v. Drain, 127 Cal. 663, 60 Pac. 483.) 

The charter of the city and county of San Francisco 
Superseded the Park and Boulevard Act, as that act 
related to a municipal affair and was inconsistent 
with the charter. (Fritz v, San Francisco, 132 Cal. 
373.) 

The municipality is governed by general laws as to 
municipal affairs as to which the charter is silent. 
(Hragley v. Phelan, 126 Cal. 383,-58 Pac. 923.) ° 


Sec. 7. City and county governments may be 
merged and consolidated into one municipal gov- 
ernment, with one set of officers, and may be in- 
_ corporated under general laws providing for the 
incorporation and organization of corporations for 
municipal purposes. The provisions of this con- 
stitution applicable to cities, and also those appli- 
cable to counties, so far as not inconsistent or pro- 
hibited to cities, shall be applicable to such con- 
solidated government. [Amendment adopted No- 
vember 6, 1894. | 


[ORIGINAL SECTION.] 


See. 7. City and county governments may be 
merged and consolidated into one municipal govern- 
ment, with one set of officers, and may be incorpo- 
rated under general laws providing for the incorpora- 
tion and organization of corporations for municipal 
purposes. The provisions of this constitution appli- 
cable to cities, and also those applicable to counties, 
so far as not inconsistent or not prohibited to cities, 


ee 


Art. XI,§7 CONSTITUTION oF 1879. 226 


; 


shall be applicable to such consolidated government. 
In consolidated city and couhty governments, of more 
than one hundred thousand population, there shall be 
two boards of supervisors or houses of legislation— 
one of which, to consist of twelve persons, shall be 
elected by general ticket from the city and county at 
large, and shall hold office for the term of four years, 
but shall be so classified that after the first election 
only six shall be elected every two years; the other, 
to consist of twelve persons, shall be elected every 
two years, and shall hold office for the term of two 
years. Any vacancy occurring in the office of super- 
visor, in either board, shall be filled by the mayor or 
other chief executive officer. 


CONSOLIDATED GOVERNMENTS.—There is no 
constitutional inhibition against incorporating a por- 
tion of the inhabitants of a county as a city, or creat- 
ing a county out of the territory of a city. (People v. 
Hill, 7 Cal. 97.) 

The act consolidating the city and county of San 
Francisco, commonly known as the Consolidation Act, 
is constitutional. (People v. Hill, 7 Cal. 97.) 

The act to incorporate the city and county of Sac- 
ramento did not repeal the law by which the county 
of Sacramento was created. The city and county con- 
stitute a corporation for some purposes, while they 
are distinct as to others. (People v. Mullins, 10 Cal. 
20.) 

The city and county of San Francisco is the suc- 
cessor of the city of San Francisco, which was not 
destroyed by the consolidation, but continued. (Frank 
v. Supervisors, 21 Cal. 668.) 

The body politic known as thesecity and county 
of San Francisco is a municipal corporation, and in 
matters of government is to be regarded as a city. 
But the territory over which that government is ex- 
ercised, considered in its political and judicial rela- 
tions to other portions of the state, is a county. (Kahn 
‘vy. Sutro, 114 Cal. 316, 46 Pac. 87; Crowley v. Freud, 
132 Cal. 440. But see Martin v. Election Commrs., 126 
Cal. 404, 58 Pace. 932.) 

































Constitutional Amendments, 1915 


ARTICLE XI. 
i I I / 
Beate. mSattone 7, 8, and 8%.) . 
Section 74%. Any county may frame a charter for its own govern- 
ment consistent with and subject to the constitution (or, having 
framed such a charter, may frame a new one,) and relating to 
matters authorized by provisions of the constitution, by causing 
a board of fifteen freeholders, who have been for at least five yeal 
qualified electors thereof, to be elected by the qualified electors 
of said county, at a general or. special election. Said 
board of freeholders may be. so elected in pursuance 
‘an ordinance adopted by the vote of three fifths of all the members 
of the board of supervisors of such county, declaring that 
the public interest requires the election of such board f0 
the purpose of preparing and proposing a charter for saié 
county, or in pursuance of a_ petition of qualified electors oO! 
said county as hereinafter provided. Such petition, signed : 
fifteen per centum of the qualified electors of said county, co n- 
puted upon the total number of votes cast therein for all cand 
dates for governor at the last preceding general election at whit 
a governor was elected, praying for the election of a board ¢ 
fifteen freeholders to prepare and propose a charter for said 
county, may be filed in the office of the county clerk. It shall be 
the duty of said county clerk, within twenty days after the filin 
of said petition, to examine the same, and to ascertain from tae 
record of the registration of electors of the county, whether said 
petition is signed by the requisite number of qualified electors. 
If required by said clerk, the board of supervisors shall author-| 
ize him to employ persons specially to assist him in the work of 
examining such petition, and shall provide for their compensa 
tion. Upon the completion of such examination, said clerk shal 
forthwith attach to said petition his certificate, properly dated 
showing -the result thereof, and if, by said certificate, it shal 
appear that said petition is signed by the requisite number of 
qualified electors, said clerk shall immediately present said pet*7 
tion to the board of supervisors, if it be in session, otherwis¢- 
at its next regular meeting after the date of such certificate. Upo1 
the adoption of such ordinance, or the presentation of such peti- 
tion, said board of supervisors shall order the holding of a specia’ 
election for the purpose of electing such board of freeholders, 
which said special election shall be held not less than twenty, 
days nor more than sixty days after the adoption of the ordi 
nance aforesaid or the presentation of said petition to said os d 
of supervisors; provided, that if a general election shall occur 
said county not less than twenty days nor.more than sixty day 
after the adoption of the ordinance aforesaid, or such presentatio 
of said petition to said board of supervisors, said board of fre 
holders may be elected at such general election. Candidates f¢ 


fl] 


election as members of said board of freeholders shall_be nom- 
inated by petition, substantially in the same manner as may be 
provided by general law for the nomination, by petition of electors, 
of candidates for county offices, to be voted for at general elec- 
tions. It shall be the duty of said board of freeholders, within 
one hundred and twenty days after the result of such election shall 
have been declared by said board of supervisors, to prepare and 
propose a charter for said county, which shall be signed in dupli- 
cate by the members of said board of freeholders, or a majority 
of them, and be filed, one copy in the office of the county clerk 
of said county and the other in the office of the county recorder 
thereof. Said board of supervisors shall thereupon cause said pro- 

posed charter to be published for at least ten times in a daily © 
newspaper of general circulation, printed, published and circulated 
in said county; provided, that in any county where no such daily 
newspaper is printed, published and circulated, such proposed 
charter shall be published for at least three times in at least one 
weekly newspaper, of general circulation, printed, published and 
circulated in such county; and provided, that in any county where 
neither such daily nor such weekly newspaper is printed, pub- 
lished and circulated, a copy of such proposed charter shall be 
posted by the county clerk in three public places in said county, 
and on or near the entrance to at least one public schoolhouse 
-in each school district in said county, and the first publication or 
the posting of such proposed charter shall be made within fifteen 
days after the filing of a copy thereof, as aforesaid, in the office 
of the county clerk. Said proposed charter shall be submitted by 
said board of supervisors to the qualified electors of said county 
at a special election held not less than thirty days nor more than 
sixty days after the completion of such publication, or after such 
posting; provided, that if a general election shall occur in said 
county not less than thirty days nor more than sixty days after 
the completion of such publication, or after such posting, then 
such proposed charter may be so submitted at such general elec- 
tion. If a majority of said qualified electors, voting thereon at 
such general or special election, shall vote in favor of such pro- 
posed charter, it shall be deemed to be ratified, and shall be forth- 
with submitted to the legislature, if it be in regular session, 
otherwise at its next regular session, or it may be submitted to 
the legislature in extraordinary session, for its approval or rejec- 
tion as a whole, without power of alteration or amendment. Such 
approval may be made by concurrent resolution, and if approved 
by a majority vote of the members elected to each house, such 
charter shall become the charter of such county and shall become 
the organic law thereof relative to the matters therein provided, 
and supersede any existing charter framed under the provisions of 
this section, and all amendments thereof, and shall supersede all - 
laws inconsistent with such charter relative to the matters pro- 
vided in such .charter. A copy of such charter, certified and 
authenticated by the chairman and clerk of the board of super- 
visors under the seal of said board and attested by the county 
clerk of said county, setting forth the submission of such charter 
to the electors of said county, and its ratification by them, shall, 


C2]. 


q 


after the approval of such charter by the legislature, be made in 
duplicate, and filed, one in the office of the secretary of state and. 
the other, after being recorded in the office of the recorder of 
said county, shall be filed in the office of the county clerk thereof, 
and thereafter all courts shall take judicial notice of said charter. 
The charter, so ratified, may be amended by proposals therefor 
submitted by the board of supervisors of the county to the quali- 
fied electors thereof at a general or special election held not less 
than thirty days nor more sixty days after the publication of 
. such proposals for ten times in a daily newspaper of general cir- 
culation, printed, published and circulated in said county; pro- 
vided, that in any county where no such daily newspaper is printed, 
published and circulated, such proposed charter shall be published 
for at least three times in at least one weekly newspaper, of gen- 
eral circulation, printed, published and circulated in such county; 
provided, that in any county where neither such daily nor such 
weekly newspaper is printed, published and circulated, a copy of 
such proposed charter shall be posted by the county clerk in 
three public places in said county, and on or near the entrance to 
at least one public schoolhouse in each school district in said 
county. If a majority of such qualified electors voting thereon, 
at such general or special election, shall vote in favor of any 
such proposed amendment or amendments, or any amendment or 
amendments proposed by petition as hereinafter provided, such 
amendment or amendments shall be deemed to be ratified, and 
shall be forthwith submitted to the legislature, if it be in regular 
session, otherwise at its next regular session, or may be sub- 
mitted to the legislature in extraordinary session, for approval or 
rejection as a whole, without power of alteration or amendment, 
and if approved by the legislature, as herein provided for the 
approval of the charter, such charter shall be amended accord- 
ingly. A copy of such amendment or amendments shall, after the 
approval thereof by the legislature, be made in duplicate, and shall 
be authenticated, certified, recorded and filed as herein provided 
for the charter, and with like force and effect. Whenever a peti- 
tion signed by ten per centum of the qualified electors of any 
county, computed upon the total number of votes cast in said 
county for all candidates for governor at the last general election, 
at which a governor was elected, is filed in the office of the county 
clerk of said county, petitioning the board of supervisors thereof 
to submit any proposed amendment or amendments to the charter 
of such county, which amendment or amendments shall be set 
forth in full in such petition, to the qualified electors thereof, sucn 
petition shall forthwith be examined and certified by the county 
clerk, and if signed by the requisite number of qualified electors 
of such county, shall be presented to the said board of supervisors, 
by the said county clerk, as hereinbefore provided for petitions for 
the election of boards of freeholders. Upon the presentation of 
said petition to said board of supervisors, said board must sub- 
mit the amendment or amendments set forth therein to the quali- 
fied electors of said county at a general or special election held 
not less than thirty days nor more than sixty days after the pub- 
lication or posting of such proposed amendment or amendments 
[3] f 


in the same manner as hereinbefore provided in the case of the 


. Submission of any proposed amendment or amendments to such 


% 


charter, proposed and submitted by the board of supervisors. In 
submitting any such charter, or amendments thereto, any alterna- 
tive article or proposition may be presented for the choice of the 
electors, and may be voted on separately without prejudice to 
others, 

Every specia] election held under the provisions of this section, 
for the election of boards of freeholders or for the submission of 
proposed charters, or any amendment or amendments thereto, 
shall be called by the board of supervisors, by ordinance, which 
shall specify the purpose and time of such election and shall 
establish the election precincts and designate the polling places 
therein, and the names of the election officers for each such pre- 
cinct. Such ordinance, prior to such election, shall be published 
five times in a daily newspaper, or twice in a weekly newspaper, 
if there be no such daily newspaper, printed, published and cir- 
culated in said county; provided, that if no such daily or weekly 
newspaper be printed or published in such county, then a copy of 
such ordinance shall be posted by the county clerk in three public 
places in such county and in or near the entrance to at least one 
public schoolhouse in each school district therein. In all other 
respects, every such election shall be held and conducted, the 
returns thereof canvassed and the result thereof declared by 
the board of supervisors in the same manner as provided by law 
for general elections. Whenever boards of freeholders shall be 
elected, or any such proposed charter, or amendment or amend- 
ments thereto, submitted, at a general election, the general laws 
applicable to the election of county officers and the. submission 
of propositions to the vote of electors, shall be followed in so far 
as the same may be applicable thereto. 

It shall be competent, in all charters, framed under the author- 
ity given by this section to provide, in addition to any other pro- 
visions allowable by this constitution, and the same shall pro- 
vide, for the following matters: 

1. For boards of supervisors and for the constitution, regulation 
and government thereof, for the times at which and the terms 
for which the members of said board shall be elected, for the 
number of members, not less than three, that shall constitute 
such boards, for their compensation and for their election, either 
by the electors of the counties at large or by districts; provided, © 
that in any event said board shall consist of one member for 
each district, who must be a qualified elector thereof; and 

2. For sheriffs, county clerks, treasurers, recorders, license col- 
lectors, tax collectors, public administrators, coroners, surveyors, 
district attorneys, auditors, assessors and superintendents of 
schools, for the election or appointment of said officers, or any 
of them, for the times at which and the terms for which, said 
officers shall be elected or appointed, and for their compensation, 
or for the fixing of such compensation by boards of supervisors, 
and, if appointed, for the manner of their appointment; and 

38. For the number of justices of the peace and constables for 
each township, or for the number of such judges and other officers 


[4] 


of such inferior courts as may be provided by the constitution or. 
general law, for the election or appointment of said officers, for 
the times at which and the terms for which said officers shall be 
‘elected or appointed, and for their compensation, or for the fixing 
of such compensation by boards of supervisors, and if appointed, 
for the manner of their appointment; and 

4. For the powers and duties of boards of supervisors and all 
other county officers, for their removal and for the consolidation 
and segregation of county offices, and for the manner of filling 
all vacancies occurring therein; provided, that the provisions of 
such charters relating to the powers and duties of boards of super- 
visors and all other county officers shall be subject to and con- 
trolled by general laws; and . 

4/4. For the assumption and discharge by county officers of 
certain of the municipal functions of the cities and towns within 
the county, whenever, in the case of cities and towns incorporated 
under general laws, the discharge by county officers of such 
municipal functions is authorized by general law, or whenever, in 
the case of cities and towns organized under section eight of this 
article, the discharge by county officers of such municipal func- 
tions is authorized by provisiOns of the charters, or by amendments 
thereto, of such cities or towns. 

5. For the fixing and regulation by boards of supervisors, by 
ordinance, of the appointment and number of assistants, depu- 
ties, clerks, attaches and other persons to be employed, from time 
to time, in the several offices of the county, and for the prescribing 
and regulating by such boards of the powers, duties, qualifica- 
tions and compensation of such persons, the times at which, and 
terms for which they shall be appointed, and the manner of their 
appointment and removal and 

6. For the compensation of such fish and game wardens, pro- 
bation and other officers as may be provided by general law, or 
for the fixing of such compensation by boards of supervisors. 

All elective officers of counties, and of townships, of road dis- 
tricts and of highway construction divisions therein shall be nom- 
inated and elected in the manner provided by general laws for 
the nomination and election of such officers. 

All charters framed under the authority given by this section, 
in addition to the matters herein above specified, may provide’ 
as follows: 

For offices other than those required by the constitution and 
laws of the state, or for the creation of any or all of such offices 
by boards of supervisors, for the election or appointment of per- 
sons to fill such offices, for the manner of such appointment, for 
the times at which and the terms for which such persons snall 
be so elected or appointed,.and for their compensation, or for the 
fixing of such compensation by boards of supervisors. 

For offices hereafter created by this constitution or by general 
law, for the election or appointment of persons to fill such offices, 
for the manner of such appointment, for the times at which and 
the terms for which such persons shall be so elected or appointed, 
and for their compensation, or for the fixing of such compensa- 
tion by boards of supervisors. 


[5] 


, 


For the formation, in such counties, of road districts for the 
care, maintenance, repair, inspection and supervision only of roads, 
highways and bridges and for the formation in such counties, of 
highway construction divisions for the construction only of roads, . 
highways and bridges; for the inclusion in any such district or 
division, of the whole or any part of any incorporated city or 
town, upon ordinance passed by such incorporated city or town 
authorizing the same, and upon the assent to such inclusion by a 
majority of the qualified electors of such incorporated city or town, 
or portion thereof, proposed to be so included, at an election held 
for that purpose; for the organization, government, powers and 
jurisdiction of such districts and divisions, and for raising revenue 
therein, for such purposes, by taxation, upon the assent of a 
majority of the qualified electors of such districts or divisions, 
voting at an election to be held for that purpose; for the incurring 
of indebtedness therefor by such counties, districts or divisions 
for such purposes respectively, by the issuance and sale, by tne 
counties, of bonds of such counties, districts or divisions, and the 
expenditure of the proceeds of the sale of such bonds, and for 
levying and collecting taxes against the property of the coun- 
ties, districts or divisions, as the case may be, for the pay- 
ment of the principal and interest of such indebtedness at matur- 
_ity; provided, that any such indebtedness shall not be incurred 
- without the assent of two thirds of the qualified electors of the 
county, district or division, as the case may be, voting at an 
election to be held for that purpose, nor unless before or at the 
time of incurring such indebtedness provision shall be made for 
the collection of an annual tax sufficient to pay the interest on 
such indebtedness as it falls due, and also for a sinking fund 
for the payment of the principal thereof on or before maturity, 
which shall not exceed forty years from the time of contract- 
ing the same, and the procedure for voting, issuing and selling 
such bonds shall, except in so far as the same shall be pre- 
scribed in such charters, conform to general laws for the author- 
izing and incurring by counties of bonded indebtedness, so far 
as applicable; provided, further, that provisions in such charters 
for the construction, care, maintenance, repair, inspection and 
supervision of roads, highways and bridges for which aid from 
the state is granted, shall be subject to such regulations and 
conditions as may be imposed by the legislature. : 


Whenever any county has framed and adopted a charter, and © 
the same shall have been approved by the legislature, as herein 
provided, the general laws adopted by the legislature in pursu- 
ance of sections four and five of this article, shall, as to such 
county, be superseded by said charter as to matters for which, 
under this section it is competent to make provision in such 
charter, and for which provision is made therein, except as 
herein otherwise expressly provided; and except that any such 
charter shall not affect the tenure of office of the elective officers 
of the county, or of any district, township or division thereof, 
in office at the time such charter goes into effect, and such 
officers shall continue to hold their respective offices until the 


C6] 


expiration of the term for which they shall have been elected, » 
unless sooner removed in the manner provided by law. 


The charter of any county, adopted under the authority of this 
section, may be surrendered and annulled with the assent of two 
thirds of the qualified electors of such county, voting at a special 
election, held for that purpose, and to be ordered and called by 
the board of supervisors of the county upon receiving a written 
petition, signed and certified as hereinabove provided for the 
purposes of the adoption of charters, requesting said board to 
submit the question of the surrender and annulment of such 
charter to the qualified electors of such county, and, in the event 
of the surrender and annulment of any such charter, such county 
shall thereafter be governed under general laws in force for the 
government of counties. 


The provisions of this section shall not be applicable to any 
county that is consolidated with any city. (Adopted November 3, 
1914.) 


City Charters. 

Section 8. Any city or city and county containing a popula- 
tion of more than three thousand five hundred inhabitants, as 
ascertained by the last preceding census taken under the author- 
ity of the congress of the United States or of the legislature of 
California, may frame a charter for its own government, consistent 
with and subject to this constitution; and any city, or city and 
county having adopted a charter may adopt a new one. Any such 
charter shall be framed by a board of fifteen freeholders chosen 
by the electors of such city at any general or special election; 
but no person shall be eligible as a candidate for such board 
unless he shall have been, for the five years next preceding, an 
elector of said city. An election for choosing freeholders may be 
called by a two-thirds vote of the legislative body of sucn city, 
and, on presentation of a petition signed by not less than fifteen 
per cent of the registered electors of such city, the legislative 
body shall call such election at any time not less than thirty nor 
more than sixty days from date of the filing of the petition. 
Any such petition shall be verified by the authority having charge 
of the registration records of such city or city and county and 
‘the expense of such verification shall be provided by the legislative 
body thereof. Candidates for the office of freeholders shall be 
nominated either in such manner as may be provided for the 
nomination of officers of the municipal government or by petition, 
substantially in the same manner as may be provided by gen- 
eral laws for the nomination by petition of electors of candidates 
for public offices to be voted for at general elections. The board 
of freeholders shall, within one hundred and twenty days after 
the result of the election is declared, prepare and propose a 
charter for the government of such city; but the said period of — 
one hundred and twenty days may. with the consent of the 
legislative body of such city be extended by such board not ex- 
ceeding a total of sixty days. The charter so prepared shall be 
signed by a majority of the board of freeholders and filed, in the 


Ci 
A 


office of the clerk of the legislative body of said city. The legis- 


lative body of said city shall within fifteen days after such filing 
cause such charter to be published once in the official paper of 
said city; (or in case there be no such paper, in a paper of 
general circulation); and shall cause copies of such charter to be 
printed in convenient pamphlet form, and shall, until the date 
fixed for the election upOn such charter, advertise in one or more 
papers of general circulation published in said city a notice that 
such copies may be had upon application therefor. Such charter 
shall be submitted to the electors of such city at a date to be 
fixed by the board of freeholders, before such filing and desig- 
nated on such charter, either at a special election held not less 
than sixty days from the completion of the publication of such 
charter as above provided, or at the general election next follow- 


_ing the expiration of said sixty days. If a majority of the 


qualified voters voting thereon at such general or special election 
shall yote in favor of such proposed charter, it shall be deemed to 
be ratified, and shall be submitted to the legislature, if then in 
session, or at the next regular or special session of the legis- 
lature. The legislature shall by concurrent resolution approve or 
reject such charter as a whole, without power of alteration or 


amendment; and if approved by a majority of the members elected 


to each house it shall become the organic law of such city or 
city and county, and supersede any existing charter and all laws 
inconsistent therewith. One copy of the charter so ratified and 
approved shall be filed with the secretary of state, one with the 
recorder of the county in which such city is located, and one in 
the archives of the city; and thereafter the courts snall take 
judicial notice of the provisions of such charter. The charter of 
any city or city and county may be amended by proposals 
therefor submitted by the legislative body of the city on its own 
motion or on petition signed by fifteen per cent of the registered 
electors, or both. Such proposals shall be submitted to the 
electors only during the six months next preceding a regular 
session of the legislature or thereafter and before the final ad- 
journment: of that session and at either a special election called 
for that purpOse or at any general or special election. Petitions 
for the submission of any amendment shall be filed with the 
iegislative body of the city or city and county not less than sixty 
days prior to the general election next preceding a regular session 
of the legislature. The signatures on such petitions shall be 


verified by the authority having charge of the registration records 
_of such city or city: and county, and the expenses of such veri- 


= 
¥ 


fication shall be provided by the legislative body thereof. If such 
petitions have a sufficient number of signatures the legislative 
body of the city or city and county shall so submit the amend- 
ment or amendments so proposed to the electors. Amendments 
proposed by the legislative body and amendments proposed by 
petition of the electors may be submitted at the same election. 
The amendments: so submitted shall be advertised in the same 
manner as herein provided for the advertisement of a proposed 
charter, and the election thereon held at a date to be fixed by 


the legislative body of such city, not less than forty and not more 


* 


¥ 


4 [saa 


=_— 


than sixty days after the completion of the advertising in the 
official paper. If a majority of the qualified voters voting on any 
such amendment vote in favor thereof it shall be deemed ratified, 
and shall be submitted to the legislature at the regular session 
next following such election; and approved or rejected without 
power of alteration in the same manner as herein provided for 
the approval or rejection of a charter. In submitting any such 
charter or amendment separate propositions, whether alternative 
or conflicting, or one included within the other, may be submitted 
at the same time to be voted on by the electors separately, and, 
as between those so related, if more than one receive a majority 
of the votes, the proposition receiving the larger number of votes 
shall control as to all matters in conflict. It shall be competent 
in any charter framed under the authority of this section to pro- 
vide that the municipality governed thereunder may make and- 
enforce all laws and regulations in respect to municipal affairs, 
subject only to the restrictions and limitations provided in their 
several charters and in respect to other matters they shall be 
subject to general laws. It shall be competent in any charter 
to provide for the division of the city or city and county governed 
therety into boroughs or districts, and to provide that each such 
borough or district may exercise such general or special municipal 
powers, and to be administered in such manner, as may be pro-— 
vided for each such borough or district in the charter of the city 
or city and county. 

The percentages of the registered electors herein required for 
the election of freehOlders or the submission of amendments to 
charters shall be calculated upon the total vote cast in the city 
or city and county at the last preceding general state election; 
and the qualified electors shall be those whose names appear upon 
the registration records of the same or preceding year. The 
election laws of such city or city and county shall, so far as 
applicable govern all elections held under the authority of this 
section. (Adopted November 38, 1914.) 


City Charters, What May Contain. 

Section 8%. It shall be competent, in all charters framed under 
the authority given by section eight of this article to provide, in 
addition to those provisions allowable by this constitution and 
by the laws of the state as follows: 


1. For the constitution, regulation, government, and jurisdic- 
tion of police courts, and for the manner in which, the times at 
which, and. the terms for which the judges of such courts shall 
be elected or appointed, and for the qualifications and compensa- 
tion of said judges and of their clerks and attaches; and for the 
establishment, constitution, regulation, government and jurisdic- 
tion of municipal courts, with such civil and criminal jurisdiction 
as by law may be conferred upon inferior cOurts; and for the man- 
ner in which, the times at which, and the terms fOr which the 
judges of such courts shall be elected or appointed, and for the 
qualifications and compensation of said judges and of their clerks 
and attaches; provided such municipal courts shall never be de- 


Pcl 4 


_prived of the jurisdiction given inferior courts created by general. 
law. 

In any city or any city and county, when such municipal cOurt 
has been established, there shall be no other court inferior to the 
superior court; and pending actions, trials, and al] pending busi- 
ness of inferiOr courts, within the territory of such city or city 
and county, upon the establishment of any such municipal court, 
shall be and become pending in such municipal court, and all 
records of such inferior courts shall thereupon be and become the 
records of such municipal court. : 

2. For the manner in which, the times at which, and the terms 
for which the members of boards of education shall be elected 
or appointed, for their qualifications, compensation and removal 
-and for the number which shall constitute any one of such 
_ boards. 

3. For the manner in which, the times at which, and the terms 

for which the members of the boards of police commissioners 
shall be elected or appointed; and for the constitution, regulation, 
compensation, and government of such boards and of the munici- 
pal police force. 

4. For the manner in which and the times at which any 
municipal election shall be held and the result thereof determined; 
for the manner in which, the times at which, and the terms for 
which the members of all boards of election shall be elected or 
appointed, and for the constitution, regulation, compensation and 
government of such boards, and of their clerks and attaches, 
and for all expenses incident to the holding of any election. 

It shall be competent in any charter framed in accordance with 
the provisions of this section, or section eight of this article, for 
any city or consolidated city and county, and plenary authority 
is hereby granted, subject only to the restrictions of this article, 
to provide therein or by amendment thereto, the manner in 
which, the method by which, the times at which, and the terms 
for which the several county and municipal officers and employes 
whose compensation is paid by such city or city and county, ex- 
cepting judges of the superior court, shall be elected or appointed, 
and for their recall and removal, and for their compensation, and 
for the number of deputies, clerks and other employes that each 
shall have, and for the compensation, method of appointment, 
qualifications, tenure of office and removal of such deputies, clerks 
and other employes. All provisions of any charter of any such 
city or consolidated city and county, heretofore adopted, and 
amendments thereto, which are in accordance herewith, are hereby 
confirmed and declared valid. 

5. It shall be competent in any charter or amendment thereof, 
which shall hereafter be framed under the authority given by 
section eight of this article, by any city having a population in 
excess of 50,000 ascertained as prescribed by said section eight, to 
provide for the separation of said city from the county Of which 
it has heretofore been a part and the formation of said city into 
a consolidated city and county to be governed by such charter, 
and to have cOmbined powers of a city and county, as provided 
In this constitution for consolidated city and county government, 


[10] 


——e 


and further to prescribe in said charter the date for the beginning 
of the official existence of said consolidated city and county. 

It shall also be competent fOr any such city, not having already 
consolidated as a city and county to hereafter frame, in the man- 
ner prescribed in section eight of this article, a charter providing 
for a city and county government, in which charter there shall 
be prescribed territorial boundaries which may include contigu- 
ous territory not included in such city, which territOry, however, 
must be included in the county within which such city is located. 

If no additional territOry is proposed to be added, then, upon the 
consent to the separation of any such city from the county in 
which it is lOcated, being given by a majority of the qualified 
electors voting thereon in such county and upon the ratification 
of such charter by a majority of the qualified electors voting 
thereon in such city, and the approval thereof by the legislature, 
as prescribed in section eight of this article, said charter shall 
be deemed adopted and upon the date fixed therein said city shall 
be and becOme a consolidated city and county. 

If additional territory which consists wholly of only one incor- 
porated city or town, or which consists wholly of unincorporated 
territory, is prOposed to be added, then, upon the consent to such 
separation of such territory and of the city initiating the con- 
sOlidation proposal being given by a majority of the qualified 
electors voting thereon in the county in which the city proposing 
such separatiOn is located, and upon the ratification of such char-. 
ter by a majority of the qualified electors voting thereon in such 
city so proposing the separation, and also upon the approval of 
the proposal hereinafter set forth, by a majority of the qualified 
electors voting thereon in the whole of such additional territory, 
and the approval of said charter by the legislature, as prescribed 
in section eight of this article, said charter shall be deemed 
adopted, the indebtedness hereinafter referred to shall be deemed 
to have been assumed, and upon the date fixed in said charter 
such territory and such city shall be and become one consolidated 
city and county. 

The proposal to be submitted to the territOry proposed to be 
added shall be substantially in the following form and submitted 
as one indivisible question: 

‘Shall the territory (herein designated in general terms the ter- 
ritory to be added) consolidate with the city of (herein insert 
name of the city initiating the proposition to form a city and 
county government) in a consolidated city and county government, 
and shall the chai%er as prepared by the city of (herein insert 
the name of the city initiating such proposition) be adopted as 
the charter of the consolidated city and cOunty, and shall the said 
added territory become subject to taxation along with the entire 
territory of the proposed city and county, in accordance with the 
assessable valuation of the property of the said territOry, for the 
following indebtedness of said city (herein insert name of the 
city initiating such proposition) to-wit: (herein insert in general 
terms reference te any debts to be assumed, and if none insert 
‘none’).”’ 

If additional territory is prOposed to be added, which includes 


[11] a 


unincorporated territory and one or more incorporated cities or 
towns, or which includes more than one incorporated city or tOwn, 
the consent of any such incorporated city or town shall be obtained 
by a majority vote of the qualified electors thereof voting upon 
a proposal substantially as follows: 

_ “Shall (herein insert the name of the city or town to be included 
in such additional territory) be included in a district to be here- 
after defined by the city of (herein insert the name of the city 
_jnitiating the proposition to form a city and county government) 
which district shall, within two years from the date of this elec- 
_tion, vote upon a propOsal submitted as one indivisible question 
‘that such district to be then described and set forth shall con- 
solidate with (herein insert name of the city initiating said con- 
solidation proposition) in a consolidated city and county gOvern- 
wiment, and also that a certain charter, to be prepared by the city 
f (herein insert name of the city initiating such proposition) be 
fidopted as the charter of such consOlidated city and county, and 
at such district become subject to taxation along with the 
ntire territory of the proposed city and county in accordance 
ith the assessable valuation of the property of said district for 
he following indebtedness of said city of (herein insert name of 
the city initiating such proposition) to-wit: (herein insert in gen- 
eral terms, reference to any debts to be assumed and if none 
insert ‘none’).’’ 

Any and all incorporated cities or towns to which the foregoing 
proposal shall have been submitted and a majority of whose quali- 
fied electors voting thereon shall have voted in favor thereof, 
together with such unincorporated territory as the city initiating 
such consolidation proposal may desire to have included, the 










‘whole to form an area contiguous to said city, shall be created 


into a district by such city, and the proposal substantially as 
_above prescribed to be used when the territory propOsed to be 
jadaed consists wholly of only one incorporated city or tOwn, or 
wholly of unincorporated territory, shall, within two years, be 
submitted to the voters of said entire district as one indivisible 


question. 

Upon consent to the separation of such district and of the 
city initiating the consolidation proposal being given by a major- 
ity of the qualified electors voting thereon in the county in which 
the city proposing such separation is located, and upon the ratifi- 
cation of such charter by a majority of the qualified electors 
voting thereon in such city, and upon the approval of the proposal 
hereinbefore set forth by a majority of the qualified electors vot- 
ing thereon in the whole of the said district so proposed to be 
,added, and upon the approval of said charter by the legislature, 
fas prescribed in section eight of this article, said charter shall 
be deemed adopted, the said indebtedness referred to in said pro- 
posal shall be deemed to have been assumed, and upon the date 
fixed in said charter, such district and such city shall be and 
become one consolidated city and county. 

6. It shall be competent for any consolidated city and county 
now existing, or which shall hereafter be organized, to annex 
territory contiguous to such consolidated city and county, unin- 


‘ [12] 


corporated or otherwise, whether situated wholly in one county 
or parts thereof be situate in different counties, said annexe 
territOry to be an integral part of such city and county, provided 
that such annexation of territory shall only include any part of 
the territory which was at the time of the original consolidation 
of the annexing city and county, within the county from which 
such annexing city and county was formed, together with ter- 
ritory which was concurrently, or has. since such _ consolida- 
tion been joined in a county government with the area of the 
original county not included in such consolidated city and county. 

If additional territOry, which consists wholly of only one in- 
corporated city, city and county or town, or which consists wholly 
of unincorporated territory, is proposed to be annexed to any con- 
sOlidated city and.county now existing or whicn shail hereafter 
be organized, then, upon the consent to any such annexation 
being given by a majority of the qualified electors voting thereo 
in any county or counties in which any such additional territor 
is Iccated, and upon the approval of such annexation proposal hb 
a majority of the qualified electors voting thereon in such city an 
county, and also upon the approval of the proposal hereinafter set 
forth by a majority of the qualified electOrs voting thereon in the 
whole of such territory proposed to be annexed, the indebtedness 
hereinafter referred to shall be deemed to have been assumed. 
and at the time stated in such proposal, such additional territor 
and such city and county shall be and become one cOnsolidated 
city and county, to be governed by the charter of the city and 
county proposing such annexation, and any subsequent amendmen 
thereto. 

The proposal to be submitted to the territory” propOsed to he 
annexed, shall be substantially in the following form and sub- 
mitted as one indivisible question: 

“Shall the territory (herein designate in general terms the ter- 
ritory to be annexed) consolidate with the city and county of 
(herein insert the name of the city and county initiating the 
annexation proposal) in a consolidated city and county govern- 
ment, said consolidation to take effect (herein insert date when 
such consolidation shall take effect) and shall the said annexed 
territory become subject to taxation, as an integral part of the 
city and county so formed, in accordance with the assessable valu- 
ation of property of said territory for the following indebtedness 
of said city and county of (herein insert name of the city and 
county) to-wit: (herein insert in general terms, reference to any 
debts to be assumed and if none insert ‘none’).”’ 

If additional territory, including unincorporated territory and 
one or more incorporated cities, cities and cOunties, or towns, or 
including more than one incorporated city, city and county, of 
town, is proposed to be annexed to any consolidated city and 
cOunty now existing or which shall hereafter be organized, th 
consent of each such incorporated city, city and county, or town, 
shall be obtained by a majority vote of the qualified electors of 
any such incorporated city, city and county, or town, voting upon 
a proposal substantially as follows: 

“Shall (herein insert name of the city, city and county, or town; 


[13] 































K be included in such annexed territory) be included in a district 
_to be hereafter defined by the city and county of (herein insert | 
the name Of the city and county initiating the annexation pro- 
_ posal) which district shall within two years from the date of this 
election vote upon a proposal submitted as one indivisible ques- 
tion, that such district to be then described and set forth shall 
consolidate with (herein insert name of the city and county 
initiating the annexation proposal) in a consolidated city and 
county government, and that such district become subject to taxa- 
_tion, along with the entire territory of the proposed city and 
county in accordance with the assessable valuation of the prop- 
erty of said district for the following indebtedness of said city 
and county of (herein insert name of the city and county initiat- 
<“)g the annexation proposal) to-wit: (herein insert in general 
rms, reference to any debts to be assumed and if none insert 
one’).” 
Any and all incorporated cities, cities and counties, or tOwns, 
which the foregoing proposal shall have been submitted, and a 
ajority of whose qualified electors voting thereon shall have 
oted in favor thereof, tOgether with such unincorporated terri- 
tory as the city and county initiating such annexation proposal 
may desire to have included, the whole to form an area contigu- 
ous to said city and county, shall be created into a district by 
“said city and county, and the proposal substantially in the form 
above set forth to be used when the territory proposed to be 
_added consists wholly of only one incorporated city, city and 
county, or town, or wholly of unincorporated territory, shall, 
within said two years, be submitted to the voters of said entire 
district as one indivisible question. 

Upon consent to any such annexation being given by a major- 
ity of the qualified electors voting thereon in any cOunty or coun- 
ties in which any such territory proposed to be annexed to said 
city and county is located, and upon the approval of any such 
nnexation proposal by a majority of the qualified electors voting 
thereon in such city and county proposing such annexation, and 
also upon the approval of the propOsal hereinbefore set forth by 
a majority of the qualified electors voting thereon in the whole 
of the district so proposed to be annexed, then, the said indebted- 
ness referred to in said proposal shall be deemed to have been 

Bede and upon the date stated in such annexation proposal 
~such district and such city and county shall be and become one 
consOlidated city and county, to be governed by the charter of the 
city and county proposing such annexation, and any subsequent 
amendment thereto. 
| Whenever any proposal is submitted to the electors of any 
| county, territory, district, city, city and county, or town, as above 
provided, there shall be published, for at least five successive 
publications in a newspaper of general circulation printed and 
published in any such county, territory, district, city, city and 
county, or town, the last publication to be not less than twenty 
days prior to any such election, a particular description of any 
territory or district to be separated, added, or annexed, together 
with a particular description of any debts to be assumed, as 


Piad 








above referred to, unless such particular description is containe 
in the said proposal so submitted. In addition to said description 
‘such territory shall also be designated in such notice by some 
appropriate name or other words of identification, by which such 
territory may be referred to and indicated upon the ballots to be 
used at any election at which the question of annexation or 
consolidation of additional territory is submitted as herein pro- 
vided. If there be no such newspaper so printed and published 
in any such county, territory, district, city, city and county, or 
town, then such publication may be made in any newspaper of 
general circulation printed and published in the nearest county, 
city, city and county, or town where there may be such a news- 
paper so printed and published. 

If, by the adoption of any charter, or by annexation, any incor- 
porated municipality becomes a portion of a city and county, it 
property, debts and liabilities of every description shall be and 
become the property, debts and liabilities of such city and county. 

Every city and county which shall be formed, or the territory 
of which shall be enlarged as herein provided from territory taken 
from any county or counties, shall be liable for a just proportion 
of the debts and liabilities and be entitled to a just proportion of 
the property and assets of such county or counties, existing at 
the time such territory is so taken. 

The provisions of this constitution applicable to cities, and 
cities and counties, and also those applicable to counties, so far 
as not inconsistent or prohibited to cities, or cities and ee 
shall be applicable to such consolidated city and county gOvern- 
ment; and no provision of subdivision 5 or 6 of this section shall 
be construed as a restriction upon the plenary authority of any 
city or city and cOunty having a freeholders’ charter, as provided 
for in this constitution, to determine in said charter any and all 
matters elsewhere in this constitution authorized and not incon- 
sistent herewith. 

The legislature shall provide for the formation of one or more 
counties from the portion or portions of a county or counties re- 
maining after the formation of or annexation to a consolidated 
city and county, or for the transfer of such portion or portions of 
such original county or counties to adjoining counties. But such 
transfer to an adjoining county shall only be made after approval 
by a majority vote of the qualified electors voting thereon in such 
territory proposed to be so transferred. 

The provisions of section two of this article, and also those pro- 
visions of section three of this article which refer to the passing 
of any county. line within five miles of the exterior boundary of a 
city or town in which a county seat of any county proposed to 
be divided is situated, shall not apply to the formation of, nor to 
the extension of the territory of such consolidated cities and 
counties, nor to the formation of new counties, nor to the an- 
nexation of existing counties, as herein specified. 

Any city and county formed under thjs section shal! have the 
right, if it so desires, to be designated by the official name of the 
city initiating the consolidation as it existed immediately prior 
to its adoption of a charter providing for a consolidated city and 


[15] 






























} 







ounty government, except that such city and county shall be 
nown under the style of a city and county. 

It shall be competent in any charter framed for a consolidated 
pity and county, or by amendment thereof; to provide for the 
stablishment of a borough system of government for the whole 
gor any part of the territory of said city and county, by which 
one or:-more districts may be created therein, which districts shall 
be known as boroughs and which shall exercise such municipal 
powers as may be granted thereto by such charter, and for the 
organization, regulation, government and jurisdiction of such 
_ boroughs. ; 

No property in any territory hereafter consolidated with or 
~annexed to any city or city and county shail be taxed for the 
pyment of any indebtedness of such city or city and county out- 
_tanding at the date of such consolidation or annexation and for 
he payment of which the property in such territory was not, 
ior to such consolidation or annexation, subject to such taxa- 
ion, unless there shall have been submitted to the qualified elect- 
rs of such territory the proposition regarding the assumption of 
“indebtedness as hereinbefore set forth and the same shall» have 
been approved by a majority of such electors voting thereon. 

7. $n all cases of annexation of unincorporated territory to an 
incorporated city, or the consolidation of two or more incorpOrated 
alee assumption of existing bonded indebtedness by such unin- 
‘corporated territory or by either of the cities so consolidating 
| may be made by a majority vote of the qualified electors voting 
thereon in the territory or city which shall assume an existing 
bonded indebtedness. .This provision shall apply whether annexa- 
tion or consOlidation is effected under this section or any other 
section of this constitution, and the provisions of section eighteen 
of this article shall not be a prohibition thereof. 

The legislature shall enact such general laws as may be neces- 
sary to carry out the provisions of this section and such -general 
or special laws as may be necessary to carry out the provisions 
of subdivisions 5 and 6 of this section, including any such general 
or special act as may be necessary to permit a consolidated city 
and county to submit a new charter to take effect at the time that 
any cOnsolidation, by reason of annexation to such consolidated 
city and county, takes effect, and also, any such general law or 
special act as may be necessary to provide for any period after 
such consolidation, by reason of such annexation, takes effect, 
uend prior to the adoption and approval of any such new charter. 

(Adopted November 3, 1914.) 









. 


[ 16 ] 


% 


CONSTITUTIONAL AMENDMENTS 1910-11 


© 


Comer.” Art: XI, Sec,. 7%: 

County charters. ; 

i Section 7% [new]. Any county may frame a charter for its own 
government consistent with and subject to the constitution (or, 
having framed such a charter, may frame.a new one,) relating 
to the matters hereinafter in this section specified, and none 
other, by causing a board of fifteen freeholders, who have been 
for at least five years qualified electors thereof, to be elected by the 
qualified electors of said county, at a general or special election. 
Said board of freeholders may be so elected in pursuance of an 
ordinance adopted by thé vote of three fifths of all the members of 
‘the board of Supervisors of such county, declaring that the public 
interest requires the election of such board for the purpose of 
preparing and proposing a charter for said county, or in pur- 
suance of a petition of qualified electors of said county as herein- 
after provided. Such petition, signed by fifteen per centum of 
the qualified electors of said county, computed upon the total 
number of votes cast therein for all candidates for governor at 
the last preceding general election at which a governor was 
elected, praying for the election of a board of fifteen freeholders 
to prepare and propose a charter for said county, may be filed 
in the office of the county clerk. It shall be the duty of said 
county clerk, within twenty days after the filing of said petition, 
to examine the same, and to ascertain from the record of the 
registration of electors of the county, whether said petition is 
signed by the requisite number of qualified electors. If required 
by said clerk, the board of supervisors shall authorize him to 
employ persons specially to assist him in the work of examining 
such petition, and shall provide for their compensation. Upon the 
completion of such examination, said clerk shall forthwith attach 
to said petition his certificate, properly dated, showing the result 
thereof, and if, by said certificate, it shall appear that said peti- 
tion is signed by the requisite number of qualified electors, said 
clerk shall immediately present said petition to the board of 
supervisors, if it be in session, otherwise at its next regular meet- 
ing after the date of such certificate. Upon the adoption of such 
ordinance, or the presentation of such petition, said board of 
supervisors shall order the holding of a special election for the 
purpose of electing such board of freeholders, which said special 
election shall be held not less than twenty days nor more than 
sixty days after the adoption of the ordinance aforesaid or the 
presentation of said petition to said board of supervisors; provided, 
that if a general election shall occur in said county not less than 
twenty days nor more than sixty days after the adoption of the 
ordinance aforesaid, or such presentation of said petition to said 
board of supervisors, said board of freeholders may be elected 
at such general election. Candidates for election as members of 


said board of freholders shall be nominated by petition, sub- 
stantially in the same manner as may be provided by general 
law for the nomination, by petition of electors, of candidates for | 
county offices, to be voted for at general elections. 

It shall be the duty of said board of freeholders, within one 
hundred and twenty days after the result of such election shall 
have been declared by said board of supervisors, to prepare and 
propose a charter for said county, which shall be signed in dupli- 
cate by the members of said board of freeholders, or a majority 
of them, and be filed, one copy in the office of the county clerk 
of said county and the other in the office of the county recorder 
thereof. Said board of Supervisors shall thereupon cause said 
proposed charter to be published for at least ten times in a daily 
newspaper of general circulation, printed, published and circulated 
in said county; provided, that in any county where no such daily 
newspaper is printed, published and circulated, such proposed 
charter shall be published for at least three times in at least one 
weekly newspaper, of general circulation, printed, published and 
circulated in such county; and provided, that in any county where 
neither such daily nor such weekly newspaper is printed, published 
and circulated, a copy of such proposed charter shall be posted 
by the county clerk in three public places in said county, and on 
or near the entrance to at least one public schoolhouse in each 
school district in said county, and the first publication or the 
posting of such proposed charter shall be made within fifteen 
days after the filing of a copy thereof, as aforesaid, in the office 
of the county clerk. Said proposed charter shall be submitted by 
said board of supervisors to the qualified electors of said county 
at a special election held not less than thirty days nor more than 
sixty days after the completion of such publication, or after such 
posting; provided, that if a genera] election shall occur in said 
county not less than thirty days nor more than sixty days after 
the completion of such publication, or after such posting, then 
such proposed charter may be so submitted at such general 
election. If a majority of said qualified electors, voting thereon 
at such general or special election, shall vote in favor of such 
proposed charter, it shall be deemed to be ratified, and shall be 
forthwith submitted to the legislature if it be in regular session, 
otherwise at its next regular session, or it may be submitted to 
the legislature in extraordinary session, for its approval or re- 
jection as a whole, without power of alteration or amendment. 
Such approval may be made by concurrent resolution, and if 
approved by a majority vote of the members elected to each 
house, such charter shall become the charter of such county 
and shall become the organic law thereof relative to the matters 
therein provided, and supersede any existing charter framed under 
the provisions of this section, and all amendments thereof, and shall 
supersede all laws inconsistent with such charter relative to the 
matters provided in such charter. A copy of such charter, certified 
and authenticated by the chairman and clerk of the board of 


supervisors under. the seal of said board and attested by the 
county clerk of said county, setting forth the submission of such 
charter to the electors of said county, and its ratification by 
them, shall, after the approval of such charter by the legislature, 
be made in duplicate, and filed, one in the office of the secretary 
of state and the other, after being recorded in the office of the 
recorder of said county, shall be filed in the office of the county 
clerk thereof, and thereafter all courts shall take judicial notice 
of said charter. 

The charter, so ratified, may be amended by proposals therefor 
submitted by the board of supervisors of the county to the qualified 
electors thereof at a general or special election held not less than 
thirty days nor more than sixty days after the publication of 
such proposals for ten times in a daily newspaper of general 
circulation, printed, published and circulated in said county, pro- 
vided that in any county where no Such daily newspaper is printed, 
published and circulated, such proposed charter shall be published 
for at least three times in at least one weekly newspaper, of 
general circulation, printed, published and circulated in such 
county; provided, that in any county where neither such daily 
nor such weekly newspaper is printed, published and circulated, 
a copy of such proposed charter shall be posted by the county 
clerk in three public places in said county, and on or near the 
entrance to at least one public schoolhouse in each school district 
in said county. If a majority of such qualified electors voting 
thereon, at such general or special election, shall vote in favor 
of any such proposed amendment or amendments, or any amend- 
ment or amendments proposed by petition as hereinafter provided, 
such amendment or amendments shall be deemed to be ratified, 
and shall be forthwith submitted to the legislature, if it be in 
regular session, otherwise at its next regular session, or may be 
submitted to the legislature in extraordinary session, for approval 
or rejection as a whole, without power of alteration or amend- 
ment, and if approved by the legislature, as herein provided for 
the approval of the charter, such charter shall be amended accord- 
ingly. A copy of such amendment or amendments shall, after 
the approval thereof by the legislature, be made in duplicate, and 
shall be authenticated, certified, recorded and filed as herein pro- 
vided for the charter, and with like force and effect. Whenever 
a petition signed by ten per centum of the qualified electors of 
any county, computed upon the total number of votes cast in said 
county for all candidates for governor at the last general election, 
at which a governor was elected, is filed in the office of the 
county clerk of said county, petitioning the board of supervisors 
thereof to submit any proposed amendment or amendments. to 
the charter of such county, which amendment or amendments 
shall be set forth in full in such petition, to the qualified electors 
thereof, such petition shall forthwith be examined and certified 
by the county clerk, and if signed by the requisite number of 
qualified electors of such county, shall be presented to the said 





board of supervisors, by the said county clerk, as hereinbefore 
provided for petitions for the election of boards of freeholders. 
Upon the presentation of said petition to said board of super- 
visors, said board must submit the amendment or amendments 
set forth therein to the qualified electors of said county at a 
general or special election held not less than thirty days nor more 
than sixty days after the publication or posting of such proposed 
amendment or amendments in the same manner as hereinbefore 
provided in the case of the submission of any proposed amendment 
or amendments to such charter, proposed and submitted by the 
board of supervisors. In submitting any such charter, or amend- 
ments thereto, any alternative article or proposition may be pre- 
sented for the choice of the electors, and may be voted on sep- 
arately without prejudice to others. 

Every special election held under the provisions of this section, 
for the election of boards of freeholders or for the submission of 
proposed charters, or any amendment or amendments thereto, 
shall be called by the board of supervisors, by ordinance, which 
shall specify the purpose and time of such election and shall 
establish the election precincts and designate the polling places 
therein, and the names of the election officers for each such 
precinct. Such ordinance, prior to such election, shall be published 
five times in a daily newspaper, or twice in a weekly newspaper, 
if there be no such daily newspaper, printed, published and cir- 
culated in said county; provided that if no Such daily or weekly 
newspaper be printed or published in such county, then a copy 
of such ordinance shall be posted by the county clerk in three 
public places in such county and in or near the entrance to at 
least one public schoolhouse in each school district therein. In 
all other respects, every such election shall be held and con- 
ducted, the returns thereof canvassed and the result thereof de- 
clared by the board of supervisors in the same manner as pro- 
vided by law for general elections. Whenever boards of free- 
holders shall be elected, or any such proposed charter, or amend- 
ment or amendments thereto, submitted, at a general election, 
the general laws applicable to the election of county officers and 
the submission of propositions to the vote of electors, shall be | 
followed in so far aS the same may be applicable thereto. 


It shall be competent, in all charters, framed under the author- 
ity given by this section to provide, in addition to any other 
provisions allowable by ‘this constitution, and the same shall pro- 
vide, for the following matters: 

1. For boards of supervisors and for the constitution, regula- 
tion and government thereof, for the times at which and the 
terms for which the members of said board shall be elected, for 
the number of members, not less than three, that shall consti- 
tute such boards, for their compensation and for their election, 
either by the electors of the counties at large or by districts; 
provided, that in any event said board shall consist of one mem- 


ber for each district, who must be a qualified elector thereof; 
and 

2. For sheriffs, county clerks, treasurers, recorders, license 
collectors, tax collectors, public administrators, coroners, sur- 
veyors, district attorneys, auditors, assessors and superintendents 
of schools, for the election or appointment of said officers, or any 
of them, for the times at which and the terms for which, said 
officers shall be elected or appointed, and for their compensation, or 
for the fixing of such compensation by boards of supervisors, 
and, if appointed, for the manner of their appointment; and 

3. For the number of justices of the peace and constables for 
each township, or for the number of such judges and other offi- 
cers of such inferior courts as may be provided by the constitu- 
tion or general law, for the election or appointment of said offi- 
cers, for the times at which and the terms for which said officers 
shall be elected or appointed, and for their compensation, or for 
the fixing of such compensation by boards of supervisors, and if 
appointed, for the manner of their appointment; and 

4. For the powers and duties of boards of supervisors and all 
other county officers, for their removal and for the consolidation 
and segregation of county offices, and for the manner of filling all 
vacancies occurring therein; provided, that the provisions of such 
charters relating to the powers and duties of boards of supervisors 
and all other county officers shall be subject to and controlled by 
general laws; and 

5. For the fixing and regulation by boards of supervisors, by 
ordinance, of the appointment and number of assistants, deputies, 
clerks, attaches and other persons }to be employed, from time to 
time, in the several offices of the county, and for the prescribing 
and regulating by such boards of the powers, duties, qualifications 
and compensation of such persons, the times at which, and terms 
for which they shall be appointed, and for the manner of their 
appointment and removal; and 

6. For the compensation of such fish and game wardens, pro- 
bation and other officers as may be provided by general law, or for 
the fixing of such compensation by boards of supervisors. 

All elective officers of counties, and of townships, of road 
districts and of highway construction divisions therein shall be 
nominated and elected in the manner provided by general laws 
for the nomination and election of such Officers. 

All charters framed under the authority given by this section, 
in addition to the matters herein above specified, may provide as 
follows: 

For offices other than those required by the constitution and 
laws of the state, or for the creation of any or all of such offices 
by boards of supervisors, for the election or appointment of persons 
to fill such offices, for the manner of such appointment, for the 
times at which and the terms for which such persons shall be so 
elected or appointed, and for their compensation, or for the fixing 
of such compensation by boards of supervisors. 





For offices hereafter created by this constitution or by general 
law, for the election or appointment of persons to fill such offices, 
for the manner of such appointment,:for the times at which and 
the terms for which such persons shall be so elected or appointed, 
and for their compensation, or for the fixing of such compensa- 
tion by boards of supervisors. 

For the formation, in such counties, of road districts for the 
care, maintenance, repair, inspection and supervision only of roads, 
highways and bridges; and for the formation, fn such counties, 
of highway construction divisions for the construction only of 
roads, highways and bridges; for the inclusion in any such district 
or division, of the whole or any part of any incorporated city or 
town, upon ordinance passed by such incorporated city or town 
authorizing the same, and upon the assent to such inclusion by a 
majority of the qualified electors of Such incorporated city or 
town, or portion thereof, proposed to be so included, at an election 
held for that purpose; for the organization, government, powers 
and jurisdiction of such districts and divisions, and for raising 
revenue therein, for Such purposes, by taxation, upon the assent 
of a majority of the qualified electors of such districts or divisions, 
voting at an election to be held for that purpose; for the incurring 
of indebtedness therefor by such counties, districts or divisions 
for such purposes respectively, by the issuance and sale, by the 
counties, of bonds of such counties, districts or divisions, and 
the expenditure of the proceeds of the sale of such bonds, and for 
levying and collecting taxes against the property of the counties, 
districts or divisions, as the case may be, for the payment of the 
principal and interest of such indebtedness at maturity; provided, 
that any such indebtedness shall not be incurred without the 
assent of two thirds of the qualified electors of the county, 
district or division, as the case may be, voting at an election to 
be held for that purpose, nor unless before or at the time of in- 
curring such indebtedness provision shall be made for the collection 
of an annual tax sufficient to pay the interest on such indebtedness 
as it falls due, and also for a sinking fund for the payment of the 
principal thereof on or before maturity, which shall not exceed 
forty years from the time of contracting the same, and the pro- 
cedure for voting, issuing and selling such bonds shall, except 
in so far as the same shall be prescribed in such charters, con- 
form to general laws for the authorizing and incurring by counties | 
of bonded indebtedness, so far aS applicable; provided, further, that 
provisions in such charters for the construction, care, main- 
tenance, repair, inspection and supervision of roads, highways 
and bridges for which aid from the state is granted, shall be 
subject to such regulations and conditions as may be imposed by 
the legislature. 

Whenever any county has framed and adopted a charter, and 
the same shall have been approved by the legislature, as herein 
provided, the general laws adopted by the legislature in pursuance 
of sections four and five of this article, shall, as to such county, 


— ee 


be superseded by said charter as to matters for which, under this 
section it is competent to make provision in such charter, and 
for which provision is made therein, except as herein otherwise 
expressly provided, and except that any such charter shall not 
affect the tenure of office of the elective officers of the county, or 
of any district, township or division thereof, in office at the time 
such charter goes into effect, and such officers shall continue to 
hold their respective offices until the expiration of the term for 
which they shall have been elected, unless sooner removed in the 
manner provided by law. 

The charter of any county, adopted under the authority of this 
section, may be surrendered and annulled with the assent of 
two thirds of the qualified electors of such county, voting at a 
special election, held for that purpose, and to be ordered and 
called by the board of supervisors of the county upon receiving 
a written petition, signed and certified as hereinabove provided 
for the purposes of the adoption of charters, requesting said 
board to submit the question of the surrender and annulment of 
such charter to the qualified electors of such county, and, in the 
event of the surrender and annulment of any such charter, sucn 
county shall thereafter be governed under general laws in force 
for the government of counties. 

The provisions of this section shall not be applicable to any 
county that is consolidated with any city. [New section adopted 
October 10, 1911.] 










































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CONSTITUTIONAL AMENDMENTS 1910-11 


Const Art. XI, Sec. 8a. 

Bonded indebtedness for exposition! purposes. 

Section 8a [new]. The charter of the city and county of San 
Francisco may be amended, in addition to the method and the 
times provided in section 8 of Article XI of the constitution, 
in the following particulars: 

(a) Authorizing the city and soul By of San Francisco, a minidina? 
corporation, by its legislative authority, to incur a bonded indebt- 
edness in an amount not exceeding five million dollars, and to 
issue municipal bonds therefor, and to grant and turn over to 
the Panama Pacific International Exposition Company (a corpora~ 
tion organized under the laws of the State of California March 
22, 1910) the proceeds of said bonds, the same to be used and 
disbursed by said exposition company for the purposes of an 
exposition to be held in the city and county of San Francisco to 
celebrate the completion of the Panama canal; said bonds, so 
issued, to be of such form and to be redeemable, registered and 
converted in such manner and amounts, and at such times not 
later than forty years from the date of their issue, as such legis- 
lative authority shall determine; the interest on said bonds to not 
exceed five per centum per annum, and said bonds to be exempt 
from all taxes for state and municipal purposes, and to-be sold 
for not less than par’ at such times and places, and in such manner, 
as shall be determined by said legislative authority; the  pro- 
ceeds of said bonds, when sold, to be payable immediately by the 
treasurer of said city and county to the treasurer of said Panama 
Pacific International Exposition Company, upon the demand of 
said treasurer of said exposition company, without the necessity 
of the approval of such demand by other authority, the same to 
be used and disbursed by said Panama Pacific International Expo- 
sition Company for the purposes of such exposition, under the 
direction and control of such exposition company; 

(b) Providing that any bonded indebtedness incurred for the 
purposes aforesaid shall be exclusive of the bonded indebtedness 
of the said city and county limited by section 9 of article XII of 
said charter. 

(c) Granting to said Panama Pacific International Exposition 
Company the exclusive possession and use, together with the 
management and control, of that portion of Golden Gate Park in 
the city and county of San Francisco westerly from Twentieth 
avenue, as extended, for such exposition purposes, such possession 
and use, also management and control, to terminate not later than 
one year after the closing of such exposition; 

(a) Granting to said Panama Pacific International Exposition 
Company the exclusive possession and use, together with the 
management and control, for such exposition purposes, of any lands 
held by the board of education of the city and county of San 


Francisco, and by the city and county of San Francisco, not in* 
actual use, such possession and use, also management and control, 
to terminate not later than one year after the closing of such 
exposition. 

(e) Authorizing said Panama Pacific International Gxposition 
Company to temporarily close streets in the city and. county of. 
San Francisco westerly from Twentieth: avenue, for such exposition 
purposes, and to have the exclusive possession and use, together 
with the management, and control,. of. saidastreets for such expo- 
sition purposes, such possession and use,- also management and 
control of said streets, to terminate not later than one year after 
the closing of such exposition. 

Proposals to amend the charter of the city and county of eas 
Francisco in the foregoing particulars may be submitted by the 
legislative authority of said city and county to the electors of 
said city and county, at any general or special election ‘(and a 
special election may be called therefor) held in said city and 
county, after the publication of such proposals in a newspaper of 
general circulation in said city and county, for such time as 
shall be determined by said legislative authority. Upon the ratifi- 
cation of any such proposed amendment by a majority of the 
electors of said city and county voting at such election on such 
proposed amendment, said proposed amendment receiving such 
majority vote shall become operative immediately as an amendment 
to said charter, without the necessity of approval thereof by the 
legislature. 

Any act of the legislative authority of the city and county of 
San Francisco, in submitting to the electors of said city and 
county, at any general or special election, proposals to amend the 
charter of said city and county in the foregoing particulars, in- 
cluding any notice by publication or otherwise of such proposals, 
and of such election, and the holding of such election, in accord- 
ance with the provisions hereof, before the adoption of this amend- 
ment, are hereby validated in all respects as if performed subse- 
quent to the adoption of this amendment. The disbursement of 
all funds obtained from said bonds shall be accounted for by 
said Panama Pacific International Exposition Company by an 
itemized statement thereof to be filed with the auditor of the 
city and county of San Francisco. [New section adopted Novem- 


ber 8, 1910.] 


CONSTITUTIONAL AMENDMENTS 1910-11 


« Const.: Art. XI, Sec. 8. 
Charters of cities and amendments thereto. 
Section 8. Any city containing a population of more than three 
_ thousand five hundred inhabitants [as ascertained and established 
by the last preceding census, taken under the direction of the 
congress of the United States, or by a census of said city, taken, 
subsequent to the aforesaid census, under the direction of the 
legislative body thereof, under laws authorizing the taking of 
the census of cities,] meray frame a charter for its own government, 
consistent with, and ‘subject to, the constitution, (or, having 
framed such a charter, may frame a new one), by causing a 
board of fifteen freeholders, who shall have been, for at least five 
years, qualified electors thereof, to be elected by the qualified 
electors of said city, at [a] general or special [municipal] election. 
[Said board of freeholders may be so elected in pursuance of an 
ordinance adopted by a vote of two thirds of all the members of 
the council, or other legislative body, of such city, declaring that 
the public interest requircs the eijection of such hoard for the 
purpose of preparing and proposing a charter for said city, or 
in pursuance of a petition of qualified electors of said city, as 
hereinafter provided. Such petition, signed by fifteen per centum 
of the qualified electors of said city computed upon the total num- 
ber of votes cast therein for all candidates for governor at the 
last preceding general election at which a governor was elected, 
praying for the election of a board of fifteen freeholders to pre- 
pare and propose a charter for said city, may be filed in the 
office of the city clerk thereof. It shall be the duty of said city 
clerk, within twenty days after the filing of said petition, to 
examine the same and to ascertain from the record of the registra- 
tion of electors of the county, showing the registration of electors 
of said city, whether the petition is signed by the requisite num- 
ber of qualified electors cf such city. If required by said clerk 
the council, or other legislative body, of said city shall authorize 
him to employ persons specially to assist him in the work of 
examining such petition, and shall provide for their compensa- 
tion. Upon the completion of such examination, said clerk shall 
forthwith attach to said petition his certificate, properly dated, 
showing the result thereof, and if, by said certificate, it shall 
appear that said petition is signed by the requisite number of 
qualified electors, said clerk shall present the said petition to 
said council, or other legislative body, at its next regular meeting 
after the date of such certificate. Upon the adoption of such 
ordinance, or the presentation of such petition, said council, or 
other legislative body, shall order the holding of a special elec- 
tion for the purpose of electing such board of freeholders, which 
said special election shall be held not less than twenty days, nor 
more than sixty days after the adoption of the ordinance aforesaid, 
or the presentation of said petition to said council, or other leg- 
islative body; provided, that if a general municipal election shall 


occur in said city not less than twenty days, nor more than sixty 
days, after the adoption of the ordinance aforesaid, or the presen- 
tation of said petition to said council, or other legislative -body, 
said board of freeholders may be elected at such general municipal 
election. Candidates for election as members of said board of 
freeholders shall be nominated by petition, substantially in the 
same manner as may be provided by general laws for the nomina- 
tion by petition of electors of candidates for public offices to be 
voted for at general elections. 

[It shall be the duty of said board of freeholders, within one 
hundred and twenty days after the result of such election shall 
have been declared by said council, or other legislative body, to 
prepare and propose a charter for said city, which shall be signed 
in duplicate by the members of said board of freeholders, or a 
majority of them, and be filed, one copy in the office of the city 
clerk of said city, and the other in the office of the county 
recorder of the county in which said city is situated. Said 
council, or other legislative body, shall, thereupon, cause said 
proposed charter to be published for at least ten times, in a 
daily newspaper of general circulation, printed, published and 
circulated in said city; provided that in any city where no such 
daily newspaper is printed, published and circulated, such pro- 
posed charter shall be published, for at least three times, in at 
least one weekly newspaper of general circulation, printed, pub- 
lished and circulated in said city, and, in any event, the first 
publication of such proposed charter shall be made within fif- 
teen days after the filing of a copy thereof, as aforesaid, in the 
office of the city clerk. Such proposed charter shall be sub- 
mitted by said council, or other legislative body,] to the qualified 
electors of said city at [a special] election [held not less than 
twenty days, nor more than forty days, after the completion of 
such publication; provided, that if a general municipal election 
shall occur in said city not less than twenty days, nor more than 
forty days, after the completion of such publication, then such 
proposed charter may be so submitted at such general election.] 
If a majority of such qualified electors [voting thereon at such 
general or special election shall vote in favor of such proposed 
charter, it shall be deemed to be ratified, and shall be] submitted 
to the legislature, [if it be in regular session, otherwise at its next 
regular session, or it may be submitted to the legislature in extra- 
ordinary session,] for its approval or rejection as a whole, with- 
out power of alteration or amendment. Such approval may be 
made by concurrent resolution, and if approved by a majority 
vote of the members elected to each house, [such charter] shall 
become the charter of such city, or, if such city be consolidated 
with a county, then of such city and county, and shall become 
the organic law thereof, and supersede any existing charter, 
(whether framed under the provisions of this section of the consti- 
tution or not,) and all amendments thereof, and all laws incon- 
sistent with such charter. A copy of such .charter, certified by 
the mayor, or fother] chief executive officer [of said city,] and 
authenticated [under] the seal of such city setting forth the sub- 


mission of such charter to tne electors [of said city,] and 
its ratification by them, shall, after the approval of such charter 
by the legislature, be made in duplicate and deposited, one in the 
office of the secretary of state and the other, after being recorded 
in [the office of the recorder of the county in which such city is 
situated,] shall be deposited in the archives of the city, .and 
thereafter ali courts shall take judicial notice of said charter. 
The charter, so ratified, may be amended [by proposals therefor 
submitted by the council, or other legislative body of the city, 
to the qualified electors thereof at a general or special municipal 
election held] at intervals not less than two years [(except that 
charter amendments may be submitted at a general municipal 
election at an interval of less than two years after the last election | 
on charter amendments provided that no other election on charter 
amendments has been held since the beginning of the last regu- 
lar session of the state legislature or shall be held prior to the. 
next regular session of the state legislature), and held not less 
than twenty days, nor more than forty days, after the comple- 
tion of the publication of such proposals for ten times in a daily 
newspaper of general circulation, printed, published and circulated 
in said city, or for three times in at least one weekly news- 
paper of general circulation, printed, published and circulated in 
said city, if there be no such daily newspaper. If a majority of 
such qualified electors voting thereon at such general or special 
election shall vote in favor of any such proposed amendment or. 
amendments, or any amendment or amendments proposed by pe-— 
tition, as hereinafter provided, such amendment or amendments 
shall be deemed to be ratified, and shall be forthwith submitted 
to the legislature, if it be in regular session, otherwise at its 
next regular session, or may be submitted to the legislature in- 
extraordinary session, for approval or rejection as a whole, without 
power of alteration or amendment, and if approved by the legis- 
lature, as herein provided for the approval of the charter, such 
charter shall be amended accordingly. A copy of such amendment 
or amendments shall, after the approval thereof by the legislature, 
be made in duplicate, and shall be authenticated, certified, re- 
corded and filed as herein provided for the charter, and with like 
force and effect.] Whenever [a petition signed by] fifteen per 
centum of the qualified [electors] of the city, [computed upon 
the total number of votes cast therein for all candidates for 
governor at the last preceding general election at which a governor 
was elected, is filed in the office of the city clerk of said city, 
petitioning the council, or other legislative body] thereof, to sub- 
mit any proposed amendment or amendments to [the charter of 
such city, which amendment or amendments shall be set forth in 
full in such petition, to the qualified electors thereof, such peti- 
tion shall forthwith be examined and certified by the city clerk, 
and if signed by the requisite number of qualified electors of said 
city, it shall be presented to the said council, or other legislative 
body, by the said city clerk, as hereinbefore provided for peti- 
tions for the election of boards of freeholders. Upon the presenta- 
tion of said petition to said council, or other legisiative body, said. 


council, or other legislative body, must submit the amendment 
or amendments set forth in said petition to the qualified electors 
of said city, at a general or special municipal election, held not 
less than twenty, nor more than forty, days after the completion . 
of the publication of such proposed amendment or amendments, 
in the same manner as hereinbefore provided in the case of the 
submission of any proposed amendment or amendments to such 
charter, proposed and submitted by the council, or other legis- 
lative body. The first publication of any proposed amendment or 
amendments to such charter so proposed by petition shall be made 
within fifteen days after the aforesaid presentation of said peti- 
tion to said council, or other legislative body.[ In submitting any 
such charter, amendment or amendments thereto, any alternative 
article or proposition may be presented for the choice of the 
[electors,] and may be voted on separately without prejudice to 
others. 

[Every special election held in any city under the provisions 
of this section, for the election of a board of freeholders, or for 
the submission of any proposed charter or any amendment or 
amendments thereto, shall be called by the council, or other 
Jegislative body thereof, by ordinance, which shall specify the 
i purpose and time of such election, and shall establish the election 
“precincts and designate the polling places therein, and the names 
of the election officers for each such precinct. Such ordinance 
shall, prior to such election, be published five times in a daily 
newspaper, or twice in a weekly newspaper, if there be no such 
daily newspaper printed, published and circulated in said city. 
Such election shall be held and conducted, the returns thereof 
canvassed, and the result thereof declared by the council, or other 
legislative body of such city, in the manner that is now or may 
be hereafter provided by general law for such elections in the 
particulars wherein such provision is now or may hereafter be 
made therefor, and in all other respects in the manner provided 
by law for general municipal elections, in so far as the same may 
be applicable thereto. : 

{Whenever any board of freeholders shall be elected, or any 
such proposed charter or amendment or amendments thereto shall 
be submitted at a general municipal election, the laws governing 
the election of city officers, or the submission of propositions to 
the vote of electors, shall be followed in so far as the same met 
be applicable thereto and not inconsistent herewith. 

[It shall be competent in any charter framed by any city under 
) the authority given in this section, or by amendment to such charter, 
to provide, in addition to those provisions allowed by this consti- 
tution and by the laws of the state, for the establishment of a 
borough system of government for the whole or any part of the 
territory of such city, by which one or more districts may be 
created therein, which districts shall be known as boroughs, and 
which shall exercise such special municipal powers as may be 
granted by such charter, and for the organization, regulation, 
government and jurisdiction of such boroughs. 

[All the provisions of this section relating to the city clerk shall, 
“in any city and county, be deemed to relate to the clerk of the leg- 
islative body thereof.}] [Amendment adopted October 10, 1911.] 


en 





Article XL Section 8. 


See. 8. Any city containing a population of 


more than three thousand five hundred in- 
habitants may frame a charter for its own gov-. 


ernment, consistent with and subject to the 
constitution and laws of this state, by causing 
a board of fifteen freeholders, who shall have 
been for at least five years qualified electors 
thereof, to be elected by the qualified voters of 


_ said city at any general or special election, whose 


| 


duty it shall be, within ninety days after such 


“election, to prepare and propose a charter for 


i 


such city, which shall be signed in duplicate by 


| the members of such board, or a majority of 
'.them, and returned, one copy to the mayor there- 


of, or other chief executive officer of such city, 
and the other to the recorder of the county. Such 
proposed charter shall then be published in two 
daily newspapers of general circulation in such 
city, for at least twenty days, and the first pub- 
leation shall be made within twenty days after 
the completion of the charter; provided, that in 
cities containing a population of not more than 
ten thousand inhabitants, such proposed charter 
shall be published in one such daily newspaper ; 
and within not less than thirty days after such 
publication it shall be submitted to the qualified 
electors of said city at a general or special elec- 
tion, and if a majority of such qualified electors 


voting thereon shall ratify the same, it shall 

thereafter be submitted to the legislature for its 
approval or rejection as a whole, without power 
of alteration or amendment. Such approval may 
be made by concurrent resolution, and if ap- 
proved by a majority vote of the members elected — 
to each house, it shall become the charter of such 
city, or, if such city be consolidated with a 
county, then of such city and county, and shall 

become the organic law thereof, and supersede — 
any existing charter and all amendments there- 
of, and _al all laws inconsistent with such charter. 
A copy of such ¢ charter, ‘certified by the mayor, 
or chief executive officer, and authenticated by — 


- the seal of such city, setting forth the submission 


of such charter to the electors, and its ratifica- 
tion by them, shall after the approval of such 
charter by the legislature, be made in duplicate, 
and deposited, one in the office of the secretary 
of state, and the other, after being recorded in~ 
said recorder’s office, shall be deposited in the 
archives of the city, and thereafter all courts 
shall take judicial notice of said charter. The 
charter, so ratified, may be amended at intervals 
of not less than two years by proposals therefor, © 
submitted by the legislative authority of the 
city to the qualified electors thereof at a general - 
or special election, held at least forty days after 
the publication of such proposals for twenty 





days in a daily newspaper of general circulation. 





: 


-—>— a ee 
hare ae — = < 


in such city, and ratified by a majority of the 
electors voting thereon, and approved by the 
legislature as herein provided for the approval 
of the charter. Whenever fifteen per cent of the 
qualified voters of the city shall petition the 
legislative authority thereof to submit any pro- 
posed amendment or amendments to said charter 
to the qualified voters thereof for approval, the 
legislative authority thereof must submit the 
same. In submitting any such charter, or 
amendments thereto, any alternative article or 
proposition may be presented for the choice of 
the voters, and may be voted on separately with- 
out prejudice to others. (Amendment adopted 


November 4, 1902.) 


a A 





227 CONSTITUTION OF 1879. Art. XI, §8 


The word “city,” when used in the constitution, 
includes a consolidated city and county. (People v. 
Hoge, 55 Cal. 612; Morgan v. Menzies, 60 Cal. 341.) 

The provisions of this section are prospective and 
apply only to governments merged after the consti- 
tution went into effect. (Wood v. Election Commrs., 
58 Cal. 561.) 

The provision of this section for two boards of 
supervisors applied only to general laws or charters 
passed subsequently to the adoption of the constitu- 
tion. (Desmond v. Dunn, 55 Cal. 242.) 

Under the provision of this section that the provi- 
sions of the constitution as to cities shall apply to con- 
solidated cities and counties, the provisions of section 
6 of this article apply to consolidated cities and coun- 
ties. (Desmond v. Dunn, 55 Cal. 242.) 

The provisions of section 11, article 11, are applica- 
ble to consolidated city and county governments. (Hx 
parte Keeney, 84 Cal. 304, 24 Pac. 34.) 

Section 5, article 11, requiring the legislature to 
provide for the strict accountability of county of- 
-ficers for all fees which may be collected by them, 
is applicable to consolidated cities and counties. 
{Rauer vy. Williams, 118 Cal. 401, 50 Pac. 691.) 


Sec. 8. Any city containing a population of 
more than three thousand five hundred inhabi- 
tants may frame a charter for its own govern- 
ment, consistent with and subject to the consti- 
tution and laws of this state, by causing a board 
of fifteen freeholders, who shall have been for at 
least five years qualified electors thereof, to be 
elected by the qualified voters of said city at any 
general or special election, whose duty it shall be, 
within ninety days after such election, to prepare 
and propose a charter for such city, which shall 
be signed, in duplicate, by the members of such 
board, or a majority of them, and returned, one 


Art. XI, §8 CONSTITUTION OF 1879. 228 


copy to the mayor thereof, or other chief executive 
officer of such city, and the other to the recorder 
of the county. Such proposed charter shall then 
be published in two daily newspapers of general 
circulation in such city, for at least twenty days, 
and the first publication shall be made within 
twenty days after the completion of the charter; 
provided, that in cities containing a population of 
not more than ten thousand inhabitants such pro- 
posed charter shall be published in one such daily 
newspaper; and within not less than thirty days 
after such publication it shall be submitted to 
the qualified electors of said city at a general or 
special election, and if a majority of such quali- 
fied electors voting thereat shall ratify the same, 
it shall thereafter be submitted to the legislature 
for its approval or rejection as a whole, without 
power of alteration or amendment. , ‘Such ap- 
proval may be made by concurrent resolution, and 
if approved by a majority vote of the members 
elected to each house, it shall become the charter 
of such city, or if such city be consolidated with 
a county, then of such city and county, and shall 
become the organic law thereof, and supersede 
any existing charter and all amendments thereof, 
and all laws inconsistent with such charter. mi 
copy of such charter, certified by the mayor, or 
chief executive officer, and authenticated by the 
seal of such city, setting forth the submission of 
such charter to the electors, and its ratification 


=—_TS” 


ee 


229 CONSTITUTION OF 1879. Art. XI, §8 


by them, shall, after the approval of such charter 
by the legislature, be made, in duplicate, and de- 
posited, one in the office of the secretary of state, 
and the other, after being recorded in said re- 
corder’s office, shall be deposited in the archives 
of the city, and thereafter all courts shall take 
judicial notice of said charter. The charter, e 
ratified, may be amended at intervals of not less 

than two years by proposals therefor, submitted 
by the legislative authority of the city to’ the 
qualified electors thereof, at a general or special 
election, held at least forty days after the publi- 
cation of such proposals for twenty days in a daily 
newspaper of general circulation in such city, and 


ratified by at least three-fifths of the qualified 


electors voting thereat, and approved by the legis- 
lature, as herein provided for the approval of the | 
charter. In submitting any such charter, or 
amendments thereto, any alternative article or 
proposition may be presented for the choice of 
the voters, and may be voted on separately with- 
out prejudice to others. [Ratification declared 
December 30, 1892.] 


[AMENDMENT OF 1887.] 


Sec. 8. Any city or consolidated city and county, 
containing a population of more than one hundred 


thousand inhabitants, may frame a charter for its 


own government, consistent with and subject to the 

constitution and laws of this state, by causing a 

board of fifteen freeholders, who shall have been for 

at least five years qualified electors thereof, to be 
Constitution—20 


Art. XI, §8 CONSTITUTION OF 1879. 230 


elected by the qualified voters of such city, or city 
and county, at any general or special election, whose 
duty it shall be, within one hundred days after such 
election to prepare and propose a charter for such 
city, or city and county, which shall be signed in 
duplicate by the members of such board, or a major- 
ity of them, and returned, one copy thereof to the 
mayor, or other chief executive officer of such city 
or city and county, and the other to the recorder of 
deeds of the county, or city and county. Such pro- 
posed charter shall then be published in two daily 
papérs of general circulation in such city, or city and 
county, for at least twenty days, and such publication 
shall be commenced within twenty (20) days after the 
completion of the charter, and within not less than 
thirty days after the completion of such publication, 
it shall be submitted by the legislative authority of 
said city, or city and county, to the qualified electors 
thereof at a general or special election, and if a ma- 
jority of such qualified electors voting thereat shall 
ratify the same, it shall thereafter be submitted to the 
legislature for its approval or rejection as a whole, 
without power of alteration or amendment; and if ap- 
proved by a majority vote of the members elected to 
each house, it shall become the charter of such city, 
or if Such city be consolidated with a county, then of 
such cityand county,and shall become theorganic law 
thereof, and supersede any existing charter and all 
amendments thereof, and all special laws inconsistent 
with such charter. A copy of such charter, certified 
by the mayor or other chief executive officer, and au- , 
thenticated by the seal of such city, or city and coun- 
ty, setting forth the submission of such charter to 
the electors, and its ratification by them, shall be 
made in duplicate, and deposited, one in the office 
of the secretary of state, the other, after being re- 


t 


231 CONSTITUTION OF 1879. Art. XI, §8 


corded in the office of the recorder of deeds of the 
county, or city and county, among the archives of 
the city, or city and county. Ail courts shall take 
judicial notice thereof. The charter so ratified eee 
be amended at intervals of not less than two years, 
by proposals therefor submitted by legislative au- 
thority of the city, or city and county, to the quali- 
fied voters thereof at a general or special election 
held at least sixty days after the publication of such 
proposals, and ratified by at least three-fifths of the 
qualified electors voting thereat, and approved by the 
legislature as herein provided for the approval of 
the charter. In submitting any such charter, or 
amendment thereto, any alternative article or propo- 
sition may be presented for the choice of the voters, 
and may be voted on separately without prejudice 
to others. Any city, or consolidated city and county, 
containing a population of more than ten thousand 
and not more than one hundred thousand inhabi- 
tants, may frame a charter for its own government, 
consistent with and subject to the constitution and 
laws of the state, by causing a board of fifteen free- 
holders, who shall have been for at least five years 
qualified electors thereof, to be elected by the quali- 
fied voters of Said city, or city and county, at any 
general or special election, whose duty it shall be, 
within ninety days after such election, to prepare 
and propose a charter for such city, or city and coun- 
ty, which shall be signed in duplicate by the members 
of such board, or a majority of them, and returned, 
one copy thereof to the mayor, or other chief execu- 
tive officer of said city, or city and county, and the 
other to the recorder of the county, or city and coun- 
ty. Such proposed charter shall then be published in 
two daily papers of general circulation in such city, 
or city and county, for at least twenty days, and 


Art. XI, §8 CONSTITUTION OF 1879. 232 


publication shall be commenced within twenty days 
after the completion of the charter; and within not 
less than thirty days after the completion of such 
publication it shall be submitted by the legislative 
authority of said city, or city and county, to the quali- 
fied electors of said city, or city and county, at 4 
general or special election, and if a majority of such ° 
qualified electors voting thereat shall ratify the same, 
it shall thereafter be submitted to the legislature for 
its approval or rejection as a whole, without power of 
alteration or amendment, and if approved by a ma- 
jority vote of the members elected to each house, it 
Shall become the charter of such city, or if such city 
be consolidated with a county, then of such city and 
county, and shall become the organie- law thereof, 
and shall supersede any existing charter and all 
amendments thereof, and all special laws inconsistent 
with such charter. A copy of such charter, certified 
by the mayor, or other chief executive officer, and 
authenticated by the seal of such city, or city and 
county, setting forth the submission of Such charter 
to the electors, and its ratification by them, shall be 
made in duplicate, and deposited, one in the office 
of the secretary of state, and the other, after being 
recorded in the office of recorder of deeds of the 
county, or city and county, among the archives of 
the city, or city and county; and thereafter all courts 
shall take judicial notice thereof. The charter so 
ratified may be amended, at intervals of not less than 
two years, by proposals therefor, submitted by the 
legislative authority of the city, or city and county, 
to the qualified electors thereof, at a general or spe-_ 
cial election held at least sixty days after the publi- 
eation of such proposals, and ratified byat least three- 
fifths of the qualified electors voting thereat, and 
approved by the legislature as herein provided for the 


goo CONSTITUTION OF 1879. Art. XI, §8 


approval of the charter. In submitting any such char- 
ter, or amendment thereto, any alternative article or 
‘proposition may be presented for the choice of the 
‘voters, and may be voted on separately without preju- 
dice to others. 


[ORIGINAL SECTION.] 


* Sec. 8. Any city containing a population of more 
than one hundred thousand inhabitants may frame 
a charter for its own government, consistent with 
and subject to the constitution and laws of this 
state, by causing a board of fifteen freeholders, who 
shall have been for at least five years qualified elec- 
tors thereof, to be elected by the qualified voters of 
such city, at any general or special election, whose 
duty it shall be, within ninety days after such elec- 
tion, to prepare and propose a charter for such city, 
which shall be signed in duplicate by the members of 
such board, or a majority of them, and returned one 
copy thereof to the mayor, or other chief executive 
officer of such city, and the other to the recorder of 
deeds of the county. Such proposed charter shall 
then be published in two daily papers of general cir- 
culation in such city for at least twenty days, and 
within not less than thirty days after such publica- 
tion it shall be submitted to the qualified electors of 
such city at a general or special election, and if a 
majority of such qualified electors voting thereat 
shall ratify the same, it shall thereafter be submitted 
to the legisiature for its approval or rejection as a 
whole, without power of alteration or amendment, 
and if approved by a majority vote of the members 
elected to each house, it shall become the charter of 
such city, or if such city be consolidated with a coun- 
ty, then of such city and county, and shall become 
the organic law thereof, and supersede:any existing 
charter and all amendments thereof, and all special 


Art. XI, § 8 CONSTITUTION oF 1879. 234 


laws inconsistent with such charter. A copy of such 
charter, certified by the mayor, or chief executive of- 
ficer and authenticated by the seal of such city, set- 
ting forth the submission of such charter to the elec- 
tors, and its ratification by them, shall be made in 
duplicate, and deposited, one in the office of the sec- 
retary of state, the other, after being recorded in the 
office of the recorder of deeds of the county, or city 
and county, among the archives of the city, all courts 
shall take judicial notice thereof. The charter so rat- 
ified maybe amended atintervals of notless than two 
lee by proposals therefor submitted by legislative 
authority of the city, to the qualified voters thereof at 
a general or special election held at least sixty days 
after the publication of such proposals, and ratified 
by at least three-fifths of the qualified electors vot- 
ing thereat, and approved by the legislature as herein 
provided for the approval of the charter. In submit- 
ting any such charter, or amendment thereto, any al- 
ternative article or proposition may be presented for - 
the choice of the voters, and may be voted on sep- 
arately without prejudice to others. 
CHARTERS—In general.—This section is self-exe- 
.cuting. (People v. Hoge, 55 Cal. 612.) 

The provisions of this section as to the adoption 
of the charter are mandatory and prohibitory, and 
a failure to observe them will invalidate the charter. 
(People v. Gunn, 85 Cal. 238, 24 Pac. 718.) 

The purpose of this section was to emancipate 
municipal governments from the authority and con-. 
trol formerly exercised over them by the legislature. 
(People v. Hoge, 55 Cal. 612.) 

The right to frame a charter is not a continuing — 
right, and after it has been once exercised by the 
adoption of a charter, the municipality cannot adopt 
another charter, but must amend the one already 
adopted. (Blanchard v. Hartwell, 131 Cal. 263.) 

The legislature cannot abridge the right given by 


235 CONSTITUTION oF 1879. Art. XI, §8 
this section to cities to adopt charters. (People v. 
Bagley, 85 Cal. 343, 24 Pac. 716.) 

A charter is a ‘statute’ within the meaning of 
section 1622 of the Civil Code. It is also a “law,” 
and also written law. (Frick v. Los Angeles, 115 Cal. 
512, 47 Pac. 250.) 

A charter must be consistent with the constitution ~ 
and general laws of the state. But the whole charter 
will not be held invalid because a few of its provi- 
sions may be inconsistent with general statutes in 
force at the time of its adoption. (Brooks v. Fischer, 
(9, Gal 1TSs 21 Pac. .652.) 

A, charter unlawfully attempting to give a police 
court exclusive jurisdiction of certain misdemeanors 
is not inconsistent with the general law giving such 
jurisdiction to justices’ courts. (Hx parte Dolan, 128 
Cal. 460, GO Pac. 1094.) 

A city may provide in its charter for taxation for 
municipal purposes. (Security Sav. etc. Co. v. Hinton, 
O79 Call 214,32 Pac. 3.) 

The charter cannot extend its authority outside of 
the territory of the city. (Kennedy v. Miller, 97 Cal. 
429, 487, 32 Pac. 558.) 

Freeholiders.—The board of election commissioners 
of San Francisco have power to call an election of 
freeholders under this section. (People v. Hoge, 55 
Cal. 612.) 

The action of the board of election commissioners 
in ordering an election of freeholders under this sec- 
tion is not judicial in its nature. (People v. Hlection 
Commrs., 54 Cal. 404.) 

All that is necessary to the validity of an election 
of freeholders is that they be chosen at a general 
or special election; and where there has been such an 
election, the voice of the people is not to be rejected 
for a defect or even want of notice, if they have 
in truth been called upon and have spoken. (People 
v. Hoge, 55 Cal. 612.) 

As to whether or not irregularities in the election 
of freeholders can affect the validity of the charter, 
see People v. Gunn, 85 Cal. 238, 24 Pac. 718. 

Where the person receiving the highest number of 
votes for freeholder is disqualified, the next highest 


Art. XI, §8 CONSTITUTION oF 1879. 236 


person is not entitled to a certificate of election. (Peo- 
ple. v. Hecht, 105 Cal. 621, 38 Pac. 941.) 

The acts of de facto freeholders are valid. (People 
v. Hecht, 105 Cal. 621, 388 Pac. 941.) 

Where some of the freeholders elected are ineligi- 
ble, the remainder of them may frame the charter. 
A majority of those qualified may act. (People v. 
Hecht, 105 Cal. 621, 388 Pac. 941.) 

A person who has not been for at least five years 
a qualified elector of the city is ineligible to the of- 
fice of freeholder. (People v. Hecht, 105 Cal. 621, 38 
Pac. 941.) 

Ratification.—The duty of calling an election to 
ratify a charter is one clearly enjoined by law, and 
may be enforced by mandamus; and it is no defense 
that there may not be sufficient funds in the treasury 
to defray the expenses of the election. (Gibbs v. Bart- 
lett, 63 Cal. 117.) 

An election is invalid if no duplicate of the pro- 
posed charter was delivered to the mayor or recorder, 
or if held without sufficient publication of notice, or 
in less than the required number of days after com- 
pletion of the publication. (People v. Gunn, 85 Cal. 
238, 24 Pac. 718.) 

A city charter may be approved by a majority of 
the members elected to each house of the legislature 
by joint resolution, without the approval of the gov- 
ernor. (Brooks v. Fischer, 79 Cal. 173, 21 Pace. 652.) 

The legislature in approving a freeholders’ charter 
does not exercise its law-making power. (People v. 
Toal, 85 Cal. 333, 24 Pac. 603; People v. Gunn, 85 Cal. 
Zoo, 24. ac. i118.) 

The legislature in approving a freeholders’ charter 
cannot conclusively determine whether or not the 
municipal authorities and people of the city have 
proceeded regularly in its framing and adoption. 
(People v. Gunn, 85 Cal. 238, 24 Pac. 718.) 

Effect.—A new charter supersedes the old and all - 
amendments thereto. (People vy. Oakland, 92 Cal. 
611, 28 Pac. 807.) 

A description of the territory of a muncipal corpora- 
tion is an essential part of the charter, and is super- 
seded by an entirely new charter containing a differ- 
ent description of territory from that contained in the 


ys CONSTITUTION OF 1879. Art. XI, §8 


original charter. (People v. Oakland, 92 Cal. 611, 28 
Pac. 807.) 

The adoption of a new charter operates, not ex 
proprio vigore, but by virtue of the provisions of the 
constitution, to supersede the existing charter and all 
amendments thereto, and although such charter can- 
not establish a police court, it will abolish one es- 
tablished by the former charter. (Hx parte Sparks, 
120 Cal. 395, 52 Pac. 715.) 

A new charter supersedes the provision of an ex- 
isting charter establishing a justice’s court. (Miner 
v. Justice’s Court, 121 Cal. 264, 53 Pac. 795.) 

While the charter of the city of Eureka superseded 
the provisions of the former charter creating the of- 
fice of harbormaster, without making any provision 
for such officer, it did not supersede the provisions 
of the Political Code providing for the duties of such 
harbormaster. (Quigg v. Evans, 121 Cal. 546, 53 Pac. 
10938.) 

Validity.—The municipality, real or pretended, is a 
necessary party to a proceeding to test the validity 
of a municipal charter. (People v. Gunn, 85 Cal. 23s, 
24 Pac. 718.) 

Amendments.—After the adoption of a freeholders’ 
charter a second board of freeholders cannot be 
elected to frame a second charter for the city to 
be adopted by a majority vote, but the first 
charter must be amended. (Blanchard v. Hartwell, 
tole Onl. 260.) 

The provisions of the constitution in regard to the 
adoption and amendment of freeholders’ charters are 
mandatory and prohibitory; and the mode of amend- 
ment of such charters is exclusively commanded, and 
all others are prohibited. (Blanchard y. Hartwell, 
131 Cal. 263.) 

The amendment mentioned in this section relates 
only to amendments made by and at the instance 
of the officers and electors of the city, and does not 
inhibit the amendment or change of the charter within 
two years under general laws. (People v. Coronado, 
100 Cal. 571, 35 Pac. 162.) 

The annexation of additional territory to the city 
does not work an amendment to the charter. (People 
v. Ockland, 123 Cal. 598, 56 Pac. 445.) 


Art. XI, §8% CONSTITUTION oF 1879. — | 238 


A. provision in a freeholders’ charter fixing the 
salaries of officers and providing that “the common 
council, in the month of January, 1891, and every 
four years thereafter, shall readjust and fix anew 
the amount of all official salaries provided for in 
this charter,” is not an amendment to the charter. 
(Coyne v. Rennie, 97 Cal. 590; 32 Pac. 578.) 

The “special election” provided for by this section 
is an election held for the special purpose of yot- 
ing upon the amendments to the charter. (People v. 
Davie, 114 Cal. 363, 46 Pac. 150.) 


Sec. 84. It shall be competent, in all charters 
framed under the authority given by section eight 
of article eleven of this constitution, to provide, 
in addition to those provisions allowable by this 
constitution and by the laws of the state, as fol- 
lows: 

1. For the constitution, regulation, govern- 
ment, and jurisdiction of police courts, and for 
the manner in which, the times at which, and the 
terms for which the judges of such courts shall 
be elected or appointed, and for the compensation 
of said judges and of their clerks and attachés. 

2. For the manner in which, the times at 
which, and the terms for which the members of 
boards of education shall be elected or appointed, 
and the number which shall constitute any one 
of such boards. 

3. For the manner in which, the times at 
which, and the terms for which the members of 
the boards of police commissioners shall be elect- 
ed or appointed; and for the constitution, regula- 







































Const.: Art. XI, Sec. 8%. 
Charters of cities, what may provide. ; 

Section 8%. It shall be competent, in‘all charters framed under 
the authority given by section eight of article eleven of this 
constitution, to provide, in addition to those provisions allowable by 
this constitution and by the laws of the state, as follows: 

1. For the constitution, regulation, government, and jurisdiction 
of police courts, and for the manner in which, the times at which, 
and the terms for which the judges of such courts shall be elected 
or appointed, and for the qualifications and compensation of said 
judges and of their clerks and attaches. 

2. For the manner in which, the times at which, and the terms 
for which the members of boards of education shall be elected or 
appointed, [for their qualifications, compensation and removal,] 
and [for] the number which shall constitute any one. of such 
boards. 

3. For the manner in which, the times at which, and the terms 
for which the members of the boards of police commissioners shall 
be elected or appointed; and for the constitution, regulation, com- 
pensation, and government of such boards and of the municipal 
police force. 

4. [For the manner in which and the times at which any muni- 
cipal election shall be held and the result thereof determined;] for 
the manner in which, the times at which, and the terms for which 
the members of all boards of election shall be elected or appointed, 
and for the constitution, regulation, compensation and government 
of such boards, and of their clerks and attaches; and for all ex- 
penses incident to the holding of any election. 

Where a city and county government has been merged and 
consolidated into one municipal government, it shall also be com- 
petent, in any charter framed under said section eight of said 
article eleven [or by amendment thereto,] to provide for the 
manner in which, the times at which and the terms for which) the 
several county [and municipal] officers [and employees whose 
compensation is paid by such city and county, excepting judges 
of the superior court,] shall be elected or appointed, [and for their. 
recall! and removal, and] for their compensation, and for the 
number of deputies, [clerks and other employees] that each shall 
have, and for the compensation, [method of appointment, qualifi- 
cations, tenure of office and removal] of such deputies, [clerks and 
other employees. All provisions of any charter of any such con- 
solidated city and county heretofore adopted, and amendments 
thereto, which are in accordance herewith, are hereby confirmed 3 
and declared valid.] [Amendment adopted October 10, 1911.] 


239 _ CONSTITUTION or 1879. Art. XI, §8% 


‘tion, compensation, and government of such 
boards and of the municipal police force. 

4. For the manner in which, the times at 
which, and the terms for which the members of 
all boards of election shall be elected or appointed, 
and for the constitution, regulation, compensa- 
tion, and government of such boards, and of their 
clerks and attachés; and for all expenses incident 
to the holding of any election. 

Where a city and county government has been 
merged and consolidated into one municipal goy- 
ernment, it shall also be competent in any charter 
framed under said section eight of said article 
eleven, to provide for the manner in which, the 
times at which, and the terms for which the sev- 
eral county officers shall be elected or appointed, 
for their compensation, and for the number of 
deputies that each shall have, and for the com- 
pensation payable to each of such deputies. 
{Amendment adopted November 3, 1896. | 


PROVISIONS OF CHARTER.—This section is not 
retroactive, and has no application to charters pre- 
viously adopted. (Ex parte Sparks, 120 Cal. 395, 52 
bac, 7e10,) 

Under this provision the freeholders’ charter of San 
Francisco properly fixed the manner in which, the 
times at which, and the terms for which the sey- 
eral county officers shall be elected or appointed. 
(Martin v. Election Commrs., 126 Cal. 404, 58 Pac. 

32.) 

Under this section the charter cannot vest exclusive 
jurisdiction of certain misdemeanors in the police 
court, and thus oust the justices’ courts of such juris- 
diction. -(Ex parte Dolan, 128 Cal. 460, 60 Pac. 1094.) 


Att, A1y3$'9 CONSTITUTION OF 1879. 240 


This section confers no power upon the municipality 
to prescribe by a freeholders’ charter the qualifica- 
tions of the deputies mentioned in this section. 
(Crowley v. Freud, 132 Cal. 440.) 


Sec. 9. The compensation of any county, city, 
town, or municipal officer shall not be increased 
after his election or during his term of office; 
nor shall the term of any such officer be extended - 
beyond the period for which he is elected or ap- 
pointed. 


COMPENSATION OF OFFICERS.—The provision 
against altering the compensation of an officer dur- 
ing his term. applies to those officers elected at the 
first election after the adoption of the constitution, 
whose salaries were fixed by previous laws. (Gross 
v. Kenfield, 57 Cal. 626.) 

This section does not apply to incidental expenses 
of the office, but only to the compensation for ser- 
vices. (Kirkwood v. Soto, 87 Cal. 394, 24 Pac. 488.) 

Where a County Government Act increases the 
salaries of certain officers and provides that it “shall 
not affect the present incumbents,” such increase does 
not accrue to a person appointed to fill a vacancy in 
an unexpired term of such incumbent. (Larew y. 
Newman, 81 Cal. 588, 28 Pace. 227.) 

An order of the board of supervisors allowing a 
county clerk a deputy at a salary of fifty dollars a 
month, to be paid by the county, made after the 
election of the county clerk, is in conflict with this 
provision. (Dougherty vy. Austin, 94 Cal. 601, 28 Pac. 
S34, 29 Pac...1092,) 

An ordinance of a board of supervisors diminishing 
the compensation of constables during their term is, 
not in conflict with this provision. (People v. John- 
son, 95 Cal. 471, 31 Pac. 611.) 

An act relieving county officers, who were elected 
prior to the passage of the act, from the payment 
of their own assistants, is void. (Welsh v. Bramlet, 
98 Cal. 219, 33 Pac. 66.) ; 

An act increasing the salary of a policeman during 


Const:: Art. XI, Sec. 10. 


Section 10. Repealed [November 8, 1910.] 








241 CONSTITUTION OF 1879. Art. XI, §10 


his term of office is void. (Darcy v. Mayor, 104 Cal. 
642, 38 Pac. 500.) . 

A contract to pay a city attorney extra compensa- 
tion for services rendered during his term of office is 
void; but he might recover for services performed 
under such contract after the expiration of his term 
of office. (Buck v. Pureka, 109 Cal. 504, 42 Pac. 2438.) 

An act increasing the compensation of county of- 
ficers cannot constitutionally increase the salaries of 
incumbents. (Tulare Co. v. Jefferds, 118 Cal. 303, 50 
Pac. 427.) 

This prehibition applies to a person appointed to 
fill a vacancy caused by the death of the incumbent, 
after the passage of the law increasing the salary 
of the officer. (Storke v. Goux, 129 Cal. 526, 62 Pac. 
68.) 

Also to an officer holding over after the expira- 
- tion of his term, by failure of his successor to qn bi 
(Rice v. National City, 182 Cal. 354.) 


TERM OF OFFICE.—An act changing the time of 
the election of certain officers so that no election will 
be held until after the expiration of the terms of the 
present incumbents is not violative of this section, al- 
though they are entitled to hold until their successors 
are appointed. (Treadwell v. Yolo Co., 62 Cal. 563.) 


Sec. 10. No county, city, town, or other public 
or municipal corporation, nor the inhabitants 
thereof, nor the property therein, shall be re- 
leased or discharged from its or their proportion- 
ate share of taxes to be levied for state purposes, 
nor shall commutation for such taxes be author- 
ized in any form whatsoever. 


RELEASE OF INDEBTEDNESS.—This section 
was not intended to embrace a release of doubtful 
claims which the state may hold against a corpora- 
tion.’ (Burr y. Carbondale, 76 Ill. 455.) 

Constitution—2] 


Art? X11, 911 CONSTITUTION OF 1879. 242 


Sec. 11. Any county, city, town, or township 
may make and enforce within its limits all such 
local, police, sanitary, and other regulations as 
are not in conflict with general laws. 


LOCAL, POLICE, AND SANITARY LAWS.—The 
police power is subordinate to the power of the fed- 
eral government to regulate commerce. (Lin Sing vy. 
Washburn, 20 Cal. 534.) 

The ‘other regulations’ mentioned in this section 
must be limited to objects similar to those denomi- 
nated police and sanitary. (Ex parte Hodges, 87 Cal. 
1G toe tea. tenis 

Any restriction of the rights of individuals to pur- 
sue a lawful avocation must extend to all individuals 
who might exercise that right within the same dis- 
trict. (Los Angeles v. Hollywood Cem. Assn., 124 
Cal. 344, 57 Pac. 153.) 

Any practice or business the tendency of which, as 
shown by experience, is to weaken or corrupt the 
morals of those who follow it or to encourage idle- 
ness, instead of habits of industry, is a legitimate 
subject of police regulation. Gambling is such a 
practice. (Ex parte Tuttle, 91 Cal. 589, 27 Pac. 933.) 

The question as to what measures are needful or 
appropriate to be taken in the exercise of the police 
power is primarily for the legislative body to deter- 
mine; and such determination will not be disturbed 
by the courts, unless the fundamental rights of the 
citizen are assailed. (Ex parte Tuttle, 91 Cal. 589, 
21 Pac. 9355.) 

It is not necessary to the exercise of the police 
power in regulating a business that it shall consti- 
tute a nuisance per se. (Hx parte Lacey, 108 Cal. 326, 
41 Pac. 411.) 

The business of conducting a laundry is not un- 
lawful, and cannot be made to depend upon the will 
of any number of citizens or property owners. (Hx 
parte Sing Lee, 96 Cal. 354, 31 Pac. 245.) 

Police power is exercised in the enforcement of a 
penalty prescribed for a noncompliance with law. 
(Merced County v. Helm, 102 Cal. 159, 36 Pac. 399.) 


243 CONSTITUTION OF 1879. Artes 8.1 


The legislature may delegate to boards of super- 
visors of counties power to pass local, police, and sani- 
tary regulations. (Ex parte Shrader, 33 Cal. 279.) 

This provision does not authorize cities to change 
their charters, or to revolutionize the city government, 
or abrogate a department thereof. (People v. New- 
man, 96 Cal. 605, 31 Pac. 564.) 

This section includes the power to amend an ex- 
isting ordinance upon the same subject. (Foster v. 
Police Commrs., 102 Cal. 488, 37 Pac. 763.) 

So far as mere police regulations are concerned, if 
city and county ordinances conflict, the police regu- 
lations made by the city will control within the lim- 
its of the city. (Ex parte Roach, 104 Cal. 272, 37 Pac. 
1044; Ex parte Mansfield, 106 Cal. 400, 89 Pac. 775; 
Los Angeles v. Hikenberry, 131 Cal. 461; Ex parte 
Pfirrman, 22 Cal. Dec. 411.) 

But a county license upon the sale of liquor, col- 
lected not merely as a regulation but for revenue, 
may be collected within a city although the city has 
collected a license tax for the same business. (Los 
Angeles vy. Hikenberry, 131 Cal. 461.) 

A city ordinance is not a general law within the 
meaning of this section. (Los Angeles v. Hikenberry, 
131 Cal. 461.) 

A sanitary district is not a municipal corporation, 
and has none of the powers granted by this section, 
nor can the legislature confer such powers upon it. 
(In re Werner, 129 Cal. 567, 62 Pac. 97.) 

Conflict with general laws.—An act which is vio- 
lative of an express provision of the constitution can- 
not be upheld as a police regulation. (San Francisco 
v. Insurance Co., 74 Cal. 118,.15 Pace. 380.) 

A county ordinance in conflict with a valid general 
law is void. (San Luis Obispo v. Graves, 84 Cal. 
T1, 23 Pac. 1032; Ex parte Keeney, 84 Cal. 304, 24 
Pac. 34.) 

But this is not true of a conflict between a valid 
county ordinance and an unconstitutional general stat- 
ute. (San Luis Obispo v. Graves, 84 Cal. 71, 23 Pac. 
1032.) 

A provision of a city ordinance prohibiting the sale 
of spirituous liquors in a city is not in conflict with 
the general law, which shows a tendency simply to 


Art. XI,§11 CONSTITUTION oF 1879. 244 


regulate the sale of liquors. (Ex parte Campbell, 74 
Cal. 20, 15 Pac. 318; Ex parte Noble, 96 Cal. 362, 31 
Pac. 224.) 

An ordinance making it unlawful to visit a gam- 
bling-house is not in conflict with a provision of the 
general law making it unlawful to bet at such house. 
(Ex parte Boswell, 86 Cal. 282, 24 Pac. 1060.) 

An ordinance undertaking to punish precisely the 
same acts which are punishable under the general 
law of the state is to be deemed in conflict with such 
general law. (Ex parte Stephen, 114 Cal. 278, 46 Pac. 
86; In re Sic, 73 Cal. 142, 14 Pac. 405.) 

The mere fact that a certain provision of a city or- 
dinance is in conflict with the general law will not 
invalidate the entire ordinance if the provisions there- 
of are separable. (Ex parte Christensen, 85 Cal. 208, 
24 Pac. 747.) 

An ordinance containing certain regulations as to 
the burden of proof and the effect of certain acts as 
evidence is void. (Ex parte Christensen, 85 Cal. 208, 
24 Pac. 747.) 

A municipal ordinance making it a misdemeanor to 
fail to remove an obstruction of a sidewalk is not in 
conflict with the provisions of the general law declar- 
ing such an obstruction a nuisance and punishable 
as such, since the municipality might legalize a par- 
tial obstruction of a street. (Ex parte Taylor, 87 
Cal. 91, 25 Pac. 258.) 

A city ordinance imposing a penalty for having lot- 
tery tickets in one’s possession, greater than the pen- 
alty provided by the general laws for kindred and 
more serious offenses, is in conflict with the general 
laws, and void. (Ex parte Solomon, 91 Cal. 440, 27 
Pac. 757.) 

A city ordinance providing that no opium shall be 
sold without a prescription of a physician is not in 
conflict with the state law prohibiting the sale of. 
opium unless a record be kept of the sale and the ° 
package marked “poison.” (Ex parte Hong Shen, 98 
Cal...681,-.33 Pacsxf99.) 

An ordinance is not inconsistent with the general 
law merely because it makes another and different 
regulation on the same subject, when there is no di- 
rect conflict between its terms and the provisions of 


245 CONSTITUTION OF 1879. Aft. els 1) 


the state law. (Ex parte Hong Shen, 98 Cal. 681, 33 
Pac. 799.) 

Where the penalty imposed for the violation of an 
ordinance conflicts with the provisions of the Penal 
Code, the penal clause of the ordinance is void. (Hx 
parte Mansfield, 106 Cal. 400, 39 Pac. 775.) 

An ordinance declaring it unlawful for any person 
to have in his possession any lottery ticket, unless 
it be shown that such possession is innocent, is void 
as.in conflict with the general presumption of inno- 
cence. (In re Wong Hane, 108 Cal. 680, 41 Pac. 693.) 

An ordinance forbidding further interment in the 
city cemetery is not in conflict with section 3035 of 
the Political Code. ‘(La Societa ete. v. San Francisco, 
131 Cal. 169.) 

It is competent for a city ordinance to prohibit 
ail games played for money which are not specifically 
denounced by the statute. (In re Murphy, 128 Cal. 
29, 60 Pac. 465.) 

The fact that an ordinance prohibiting games for 
money includes, by way of general description, games 
. prohibited by statute, as well as those not so pro- 
hibited, does not affect the validity of the ordinance; 
but all games so prohibited by the general laws must 
be excluded from the operation of the ordinance. (In 
re Murphy, 128 Cal. 29,.60 Pac. 465.) 

Reasonableness, ete.—A municipal ordinance must 
be consistent with the general powers and purposes 
of the corporation, must harmonize with the general 
laws, the municipal charter, and the principles of the 
common law, and can have no extraterritorial force 
unless by express permission of the sovereign power. 
(South Pasadena v. Terminal Ry. Co., 109 Cal. 315, 
41 Pac. 1093; Ex parte Green, 94 Cal. 387, 29 Pac. 
783; In re Ah You, 88 Cal. 99, 25 Pac. 974.) 

But where the legislature in terms confers upon a 
municipal corporation the power to pass ordinances of 
a specified character, an ordinance passed in pursu- 
ance thereof cannot be impeached as invalid because 
it would have been regarded as unreasonable if it 
had been passed under the incidental powers of the 
corporation, or under a grant of power general in its 
nature. But where the power to legislate on a given 
subject is conferred and the mode of its exercise 


Art. XI,§11 ‘CONSTITUTION oF 1879. 246 


is not prescribed, then the ordinance passed in pur- 
suance thereof must be a reasonable exercise of the 
power, or it will be pronounced void. (Hx parte Chin 
Yan, 60 Cal. 78.) 

When the question as to the unreasonableness of 
a municipal ordinance is in doubt, the ordinance will 
be upheld; but when the ordinance is clearly unrea- 
sonable, it will be held void. (Hx parte McKenna, 
126 Cal. 429, 58 Pae. 916.) 

The question of the reasonableness of an ordinance 
is to be determined by the court from the ordinance, 
and not by the jury from evidence of facts not ap- 
pearing upon the face of the ordinance. (Merced 
County v. Fleming, 111 Cal. 46, 43 Pac. 392.) 

An ordinance may be reasonable as applied to the 
regulation of cemeteries within a city or town, which 
would be unreasonable if applied to all parts of a 
county thinly populated in many of its parts. (Los 
Angeles v. Hollywood Cem. Assn., 124 Cal. 344, 57 
Pac. 153.) . 

An ordinance imposing a fine not exceeding one 
thousand dollars and imprisonment not exceeding six 
months, for uttering profane and abusive language 
in the presence of other persons, is not unreasonable. 
(McDonald v. Taylor, 89 Cal. 42, 26 Pac. 595.) 

A city ordinance prohibiting the carrying of con- 
cealed weapons by any person other than public of- 
ficers and travelers, without a permit of the police 
commissioners, and prescribing a fine of not less than 
two hundred and fifty and not exceeding five hundred 
dollars, or imprisonment not less than three and not 
exceeding six months, or both, does not impose any 
excessive or unreasonable penalty. (Hx parte Cheney, 
90 Cal. 617, 27 Pac. 4386.) 

An ordinance making a violation thereof punishable 
by imprisonment for ten days and a fine of one hun- 
dred and fifty dollars, and imprisonment in case of 
nonpayment of the fine at the rate of two dollars 
a day, is not unreasonable. (Hx parte Green, 94 Cal. 
387, 29 Pac. 783.) 

A municipal ordinance permitting a fine of not less 
than twenty and not more than one thousand dollars 
for visiting a house of ill-fame is unreasonable, and 


247 CONSTITUTION OF 1879. Art. XI, §11 


not in harmony with the general law. (In re Ab You, 
88 Cal. 99, 25 Pac. 974.) 

Valid ordinances.—In accordance with the forego- 
ing general principles, the following ordinances have 
been held valid as police and sanitary measures: An 
ordinance for the removal of shade trees growing 
in the sidewalks of public streets (Vanderhurst v. 
Tholeke, 113 Cal. 147, 45 Pac. 266); an ordinance 
providing for a sewer farm outside of a city (McBean 
v. Fresno, 112 Cal. 159, 44 Pac. 358); an ordinance 
prohibiting the conducting of any carpet-beating ma- 
chine within one hundred feet of any church, school- 
house, residence, or dwelling-house (Ex parte Lacey, 
108 Cal. 326, 41 Pac. 411); an ordinance providing 
for the improvement of the channel and banks of a 
river passing through the city (De Baker v. Railway 
Co., 106 Cal. 257, 89 Pac. 610); a city ordinance for- 
bidding the beating of drums in the traveled streets 
of a city, without the permission of the president 
of the board of trustees (In re Flaherty, 105 Cal. 558, 
38 Pac. 981); an ordinance providing that no liquor 
license shall be granted to any person who has con- 
ducted the business of selling liquors in any place 
where females are employed (Foster v. Police 
Commrs., 102 Cal. 488, 37 Pac. 768); an ordinance 
providing that no license shall be issued to persons 
engaged in the sale of liquors in dance-cellars or 
dance-halls, or in places where musical, theatrical, or 
other public exhibitions are given, and where females 
attend as waitresses (Hx parte Hayes, 98 Cal. 555, 33 
Pac. 337); an ordinance fixing the license for conduct- 
ing a saloon where females are employed and where 
intoxicating liquors are sold in less quantities than 
one quart at a higher rate than a license for conduct- 
ing a saloon where females are not employed (Hx 
parte Felchlin, 96 Cal. 360, 31 Pac. 224, approving 
opinion of McKinstry, J., in Matter of Maguire, 57 
Cal. 604); a city ordinance prohibiting the selling of 
pools on horseraces, except within the inclosure of 
a racetrack where the race is to be run (Ex parte 
Tuttle, 91 Cal. 589, 27 Pac. 933); an ordinance mak- 
ing the issuance of a liquor license depend upon 
the permission of a majority of the police commission- 
ers or the approval of twelve property owners in the 


ArG all oi CONSTITUTION OF 1879. 248 


block in which the business is carried on (Hx parte 
Christensen, 85 Cal. 208, 24 Pac. 747); an act provid-. 
ing for the exclusion of all unvaccinated children 
from the public schools (Abeel y. Clark, 84 Cal. 226, 
24 Pac. 383); a city ordinance making it unlawful to 
visit a place for the practice of gambling (Hx parte 
Lane, 76 Cal. 587, 18 Pac. 677); an ordinance pro- 
hibiting the maintenance within the city limits of any 
tippling-house, dramshop, or barroom, where spiritu- 
ous liquors are sold or given away (Ex parte Camp- 
bell, 74 Cal. 20, 15 Pac. 318); an ordinance which 
prohibits any person, for the purpose of prostitution, 
to visit any building kept for the purpose of prostitu- 
tion (Ex parte Johnson, 73 Cal. 228, 15 Pac. 438); an 
ordinance prohibiting the alteration or repair of any 
wooden building within certain designated fire lim- 
its, without permission of the fire wardens and ap- 
proval of a majority of the committee on fire depart- 
ment and the mayor (Ex parte Fiske, 72 Cal. 125, 13 
Pae. 310); an ordinance prohibiting the keeping of 
more than two cows within certain portions of a 
city (In re Linehan, 72 Cal. 114, 18 Pac. 170); an or- 
dinance prohibiting the carrying on of a public 
laundry within the city limits, except within pre- 
scribed boundaries (In re Hang Kie, 69 Cal. 149, 10 
Pac. 327); an ordinance prohibiting the carrying on of 
' a laundry without the consent of the board of super- 
visors, except in a brick or stone building (In re 
Yick Wo, 68 Cal. 294, 9 Pac. 189); an ordinance pro- 
viding that all buildings used as laundries shall be 
constructed but one story in height, with brick or 
stone walls, and with metal roofs, doors, and window 
shutters (Ex parte White, 67 Cal. 102, 7 Pac. 186); 
a provision of a city charter prohibiting the slaughter- 
ing of animals and the maintenance of slaughter- 
houses within the city (Hx parte Heilbron, 65 Cal: 
609, 4 Pac. 648); an ordinance making it unlawful 
for any person to conduct a laundry within certain 
limits, without a certificate from the health officer 
as to its sanitary condition, and a certificate from 
one of the fire wardens as to the condition of the 
heating appliances, and forbidding the operation ‘of 
any laundry between 10 P. M. and 6 A. M., or on 
Sundays (Ex parte Moynier, 65 Cal. 33, 2 Pac. 728); 


249 _ CONSTITUTION OF 1879. Art. XI,.§ 11 


an ordinance prohibiting the utterance of profane 
language in the hearing of two or more persons (Hx 
parte Delaney, 43 Cal. 478); an ordinance forbidding 
the sale of milk of cows fed upon still slops, ete. 
(Johnson vy. Simonton, 438 Cal. 242); an ordinance 
making it unlawful to play upon any musical instru- 
ment, ete., in any saloon, etc., after midnight (Ex 
parte Smith & Keating, 88 Cal. 702); an ordinance 
making it unlawful for any female to be in any 
saloon, etc., after midnight (Hx parte Smith & Keat- 
ing, 88 Cal. 702); an ordinance providing that no 
person shall establish or maintain any slaughter- 
house, keep herds of more than five swine, keep or 
cure hides, slaughter cattle, etc., in any part of the 
city and county (Ex parte Shrader, 33 Cal. 279); an 
ordinance making it unlawful for any person to have 
in his possession any lottery ticket, etc. (Ex parte 
McClain, 22 Cal. Dee. 382.) 


Invalid ordinances.—On the other hand, the fol- 
lowing ordinances have been held to be invalid as 
police and sanitary measures: A county ordinance 
forbidding the shipment of game from the county in 
which it has been lawfully killed (Ex parte Knapp, 
127 Cal. 101, 59 Pac. 315); a county ordinance making 
it unlawful to establish, extend, er enlarge any ceme- 
tery within the county, but permitting burials in 
cemeteries already established (Los Angeles v. Holly- 
wood Cem. Assn., 124 Cal. 344, 57 Pac. 153); a mu- 
nicipal ordinance, not prohibiting all burials within 
the city, but merely prohibiting further purchases of 
cemetery lots, and allowing burials in tots already 
purchased (Ex parte Bohen, 115 Cal. 572; 47 Pac. 55); 
an ordinance regulating rates of transportation of a 
street railway outside of the city limits (South Pasa- 
dena v. Terminal Ry. Co., 109 Cal. 315, 41 Pac. 1093); 
a county ordinance providing that all insane asylums 
shall be constructed of either brick, iron, or stone, 
and surrounded by a brick or stone wall, that they 
shall not be within four hundred yards of any dwell- 
ing or school, that only one class of persons shall be 
treated in the same building, and that male and 
female patients shall not be cared for in the same 
building (Ex parte Whitwell, 98 Cal. 738, 32 Pac. 870); 
an ordinance prohibiting the carrying on of a public 


Art.00 $1. CONSTITUTION OF 1879. 250 


laundry within the corporate limits of the town, ex- 
cept in certain specified blocks thereof, without a 
written permit from the board of trustees, and the 
written consent of a majority of the real property 
owners within the block in which the business is to 
be carried on, and also of the four blocks immediately 
surrounding the same (Hx parte Sing Lee, 96 Cal. 
354, 31 Pac. 245); an ordinance requiring all occupants 
of lands within ninety days to exterminate and de- 
stroy the ground-squirrels on their respective lands 
(Ex parte Hodges, 87 Cal. 162, 25 Pac. 277); an or- 
dinance making it unlawful for any contractor per- 
forming work for the city to employ any person to 
work more than eight hours a day, or to employ 
Chinese labor (Ex parte Kuback, 85 Cal. 274, 24 Pac. 
737); an ordinance intended to discriminate in favor 
of sportsmen and against all other persons in re- 
spect to the disposition of game lawfully killed (Hx 
parte Knapp, 127 Cal. 101, 59 Pac. 315); an ordinance 
prohibiting the employment of females in dance-halls, 
ete. (Matter of Maguire, 57 Cal. 604. But see Ex 
parte Felchlin, 96 Cal. 360, 31 Pac. 224.) 


License regulations.—An ordinance requiring @ 
license tax from all peddlers of meat, fish, vegetables, 
fruit, game, poultry, ete., is valid. (Ex parte Heyl- 
man, 92 Cal. 492, 28 Pac. 675.) 

An ordinance requiring a license to be obtained by 
every. person who at a fixed place of business sells 
any goods, ete., is authorized by this section. (Hx 
parte Mount, 66 Cal. 448, 6 Pac. 78; San Luis Obispo 
v. Greenberg, 120 Cal. 300, 52 Pac. 797.) 

An ordinance imposing. upon traveling salesmen a 
license tax of fifty dollars per quarter is valid, al- 
though a less amount is imposed upon those who sell 
at a fixed place of business. (Ex parte Haskell, 112 
Cal. 412, 44 Pac. 725.) 

An ordinance requiring all persons engaged in the 
business of raising, grazing, herding, or pasturing 
sheep in the county to pay an annual license of fifty 
dollars for every thousand sheep is valid. (Ex parte 
Mirande, 73 Cal. 365, 14 Pac. 888.) 

An ordinance levying a license tax upon all sheep 
which are pastured in the county, except sheep listed 
as taxable property in the county, and upon which 


251 CONSTITUTION OF 1879. Art. XI, §11 


taxes are paid, is not a valid police regulation. (Las- 
sen Co. v. Cone, 72 Cal. 387, 14 Pac. 100.) 

A municipal ordinance which, under the guise of 
a revenue measure, attempts to put an end to the 
issue of trading stamps, by levying an excessive tax 
upon that business, however small their monthly 
sales, assuming to exact from them a tax eight times 
that reauired of merchants doing the largest busi- 
ness, is unreasonable and void. (Hx parte McKenna, 
126 Cal. 429, 58 Pac. 916.) 

An ordinance requiring a license fee of fifty dollars 
a month for carrying on a saloon, where liquors are 
sold or given away in quantities less than a gallon, 
will not be presumed to be oppressive, unreasonable, 
or prohibitory of trade. (In re Guerrero, 69 Cal. 88, 
a0: Pac. 261.) 

A county may impose a license tax upon the sale 
of spirituous liquors. (Hx parte Wolters, 65 Cal. 269, 
3 Pac. 894.) 

An ordinance making it a misdemeanor to sell 
liquors without a license is a valid police regulation. 
(In re Stuart, 61 Cal. 374.) 

An ordinance establishing a license tax of twenty- 
five dollars a month for the sale of spirituous and 
fermented liquors is not unreasonable, oppressive, or 
in restraint of trade. (Ex parte Benninger, 64 Cal. 
291, 30 Pac. 846.) 

A county ordinance providing a smaller license tax 
for the sale of spirituous liquors at wayside inns and 
rural watering places than when sold in a city. is 
not unlawful as unreasonable, oppressive, or in re- 
straint of trade. (Amador Co. v. Kennedy, 70 Cal. 
458, 11 Pac. 7572) 

The same is true of an ordinance imposing a higher 
tax upon such saloons. (Ex parte Stephen, 114 Cal. 
278, 46 Pac. 86.) 

An ordinance imposing an annual tax of two hun- 
dred dollars upon the business of selling spirituous 
liquors within the city limits is valid. (Ex parte Mc- 
Nally, 73 Cal. 632, 15 Pac. 368.) F 

An ordinance providing that a liquor license can 
only be obtained upon petition to the city council of 
the applicant, accompanied by a certificate of five 
respectable citizens of the neighborhood in which 


Art. XI,§12 CONSTITUTION oF 1879, 252 


the business is to be conducted as to his character, 
and upon a determination by the board that he is 
qualified to carry on the business, is valid. (In re 
Bickerstaff, 70 Cal. 35, 11 Pac. 393.) 

An ordinance purporting to regulate the business of 
selling liquors, but in fact prohibiting the sale thereof, 
cannot be upheld. (Merced Co. v. Flemming, 111 Cal. 
46, 48 Pac. 392.) 

An ordinance imposing a license tax for carrying 
on the “business” or “occupation” of retail liquor 
dealer in a ‘‘retail liquor establishment,” is a tax upon 
the business and not upon the articles sold. (Los 
Angeles v. Eikenberry, 131 Cal. 461.) 

A county ordinance imposing a liquor license tax | 
of thirteen dollars per month is reasonable. (Los 
Angeles v. Hikenberry, 181 Cal. 461.) 


Sec. 12. The legislature shall have no power 
to impose taxes upon counties, cities, towns, or 
other public or municipal corporations, or upon 
the inhabitants or property thereof, for county, 
city, town, or other municipal purposes, but may, 
by general laws, vest in the corporate authorities 
thereof the power to assess and collect taxes for 
such purposes. 


TAXATION FOR MUNICIPAL PURPOSES.— 
Under this section the whole subject of county and 
municipal taxes for local purposes is relegated to the 
corporate authorities thereof, and the legislature has 
no power to impose any tax whatever within those 
territories for local purposes. (San Francisco v. In- 
surance Co., 74 Cal. 118, 15 Pac. 380.) 

The legislature cannot directly exercise the power 
of assessment within an incorporated city, but may 
empower the municipal authorities to do so. (People 
v. Lynch, 51 Cal. 15.) 

The legislature has power to direct and control the 
affairs and property of a municipal corporation for 
municipal purposes, and may for such purposes so 
control its affairs by appropriate legislation as ulti- 


253 - CONSTITUTION OF 1879. Art. XI, §12 


mately to compel it, out of the funds in its treas- 
ury, or by taxation, to pay a demand which in good 
conscience it ought to pay. (Sinton v. Ashbury, 41 
Cal. 525.) . 

The legislature may authorize the authorities of a 
city to purchase an agricultural park, to issue bonds 
in payment therefor, and to levy a tax for the pay- 
ment of the same. (Bank of Sonoma v. Fairbanks, 
52 Cal. 196.) 

The power of a county or other public corporation 
to impose taxes is only that which is granted by the 
legislature. (Hughes v. Ewing, 93 Cal. 414, 28 Pac. 
1067.) 

The legislature cannot impose a tax upon the prop- 
-erty or inhabitants of a school district, without leav- 
ing any discretion in regard thereto to the local au- 
thorities. (McCabe y. Carpenter, 102 Cal. 469, 36 Pae. 
836.) 

A local board cannot be authorized to levy local. 
taxes and assessments for a general public purpose. 
(People v. Parks, 58 Cal. 624.) 

The act of 1876, authorizing the construction of a 
bridge, and declaring that the cost should be assessed 
upon certain specified lands, and providing for a com- 
mission to apportion the cost, was held constitutional. 
(Pacific Bridge Co. v. Kirkham, 64 Cal. 519, 2 Pac. 
409.) 

An act providing for the completion of the city 
hall in San Francisco, and providing that the work 
should only be done after the board of supervisors 
declare that they deem the work expedient, is not vio- 
lative of this, section. (People v. Bartlett, 67 Cal. 
156, 7 Pac. 417.) 

This section does not prevent a city from provid- 
ing in a freeholders’ charter for taxation for mu- 
nicipal purposes. (Security Sav. ete. Co. v. Hinton, 97 
Cal. 214, 32 Pac. 3.) 

The words “corporate authorities thereof’ are to 
be construed distributively as referring to the gev- 
erning body of each of the several municipalities and 
quasi municipalities referred to in the section, and 
as importing the legislative department of the mu- 
nicipality only. (Board of Education vy. Board of 
Trustees, 129 Cal. 599, 62 Pac. 178.) 

Constitution—22 


Art. XI,§12  coNsTITUTION oF 1879. 254 


The provision of the fee bill of 1895, requiring 
the payment of one dollar for each one thousand 
dollars, in excess of three thousand dollars, of the 
‘appraised value of an estate, upon the filing of the 
inventory, is in violation of this section. (Fatjo v. 
Pfister, 117 Cal. 83, 48 Pac. 1012.) 

An act requiring foreign insurance corporations to 
pay to the county treasurer a certain proportion of 
premiums received by them, to constitute a firemen’s 
relief fund, to be under the control of the fire com- 
missioners, is in violation of this section. (San Fran- 
cisco v. Insurance Co., 74 Cal. 1138, 15 Pac. 380.) 

An act validating a void assessment is contrary to 
the provisions of this section. (Brady v. King, 53 
Cal. 44; Taylor v. Palmer, 31 Cal. 240; People: v. 
Lynch, 51 Cal. 15; Schumaker vy. Toberman, 56 Cal. 
508; Fanning v. Schammel, 68 Cal. 428, 9 Pac. 427; 
Kelly v. Luning, 76 Cal. 309, 18 Pac. 335.) 

An act requiring the trustees of a swamp land 
reclamation district to make up a sworn statement 
of the cost of the reclamation work, “‘based upon the 
books and vouchers thereof,’ and requiring the 
amount so reported to be assessed upon the lands of 
the district, is violative of the provisions of this sec- 
tion. (People v. Houston, 54 Cal. 536.) 

The act of 1891, permitting the organization and 
creation of sanitary districts, is not in violation of 
this section, since such districts do not necessarily 
include municipal corporations. (Woodward v. Fruit- 
vale Sanitary Dist., 99 Cal. 554, 34 Pac. 239.) 

An act authorizing the county superintendent of 
schools to furnish the board of supervisors an esti- 
mate of a tax, and making it the duty of the board 
to proceed to fix a rate which will realize the amount 
of the estimate, is void. (McCabe v. Carpenter, 102 
Cal. 469, 36 Pac. 836.) 

This section does not invalidate the provisions of 
the Political Code making the city of Hureka liable 
for the expense of work on Humboldt bay outside of 
the city—that provision having been enacted prior to 
the new constitution. (Quigg v. Evans, 121 Cal. 546, 
53 Pac. 1092.? 

License taxes.—A license tax graduated according 
to the amount of the monthly sales of the mercham 


255 . CONSTITUTION OF 1879. Art. XI, §12 
is valid, since it applies uniformly to all persons 
in the same category. (Sacramento y. Crocker, 16 
Cal. 119.) 

A law imposing upon a person residing in a given 
section of the state a license as a merchant without 
reference to his occupation would be void. (Hx parte 
Ah Pong, 19 Cal. 106.) 

Under this section a municipality may impose a 
license tax for the purpose of revenue. (In re Guer- 
rero, 69 Cal. 88, 10 Pac. 261.) 

This section authorizes the imposition by a county 
of a license tax on the sale of spirituous liquors and 
the appointment of a suitable person to collect the 
same. (In re Lawrence, 69 Cal. 608, 11 Pac. 217.) 

A license imposed by the legislature for carrying 
on the business of selling goods, etc., at a fixed place 
of business, is a “tax’’ within the meaning of this 
section, and, being for county purposes, is in viola- 
tion of this section. (People v. Martin, 60 Cal. 153.) 

A county ordinance imposing a license tax upon 
every person engaged in the business of raising, graz- 
ing, herding, or pasturing sheep, ete., within the 
county, is authorized by this section. (El Dorado v. 
Meiss, 100 Cal. 268, 34 Pac. 716.) 

The fact that such ordinance applies to nonresidents 
as well as residents, instead of being an objection 
to the validity of the tax, is essential to sustain its 
validity. (Hl Dorado v. Meiss, 100 Cal. 268, 34 Pac. 
716.) 

A city ordinance regulating liquor licenses, and a 
section of the city charter giving the city a remedy 
by civil action in any case where a person, required 
by any ordinance to take out a license and to pay 
therefor, shall fail to do so, are not in conflict with 
this section. (Sacramento v. Dillman, 102 Cal. 107, 
36 Pac. 385.) 

When the right to collect a license tax by suit is 
limited to instances in which the persons commenced 
some “business,” no action can be maintained to re- 
cover a license tax for the sale of intoxicating liquors, 
since such sale is not a business. (Merced Co. v. 
Helm, 102 Cal. 159, 36 Pac. 399.) 

But an ordinance requiring ‘every person who in 
any saloon, etc., sells or gives away” any intoxicat- 


Art. XI,§18 coNsTITUTION oF 1879. 256 


ing liquor to pay a license tax, should be construed 
as a tax upon the business. (Ex parte Mansfield, 106 
Cal. 400, 39 Pac. 775. Merced Co. v. Helm, 102 Cal. 
159, 36 Pac. 399, distinguished. See, also, Ex parte 
Seube, 115 Cal. 629, 47 Pac. 596.) 

Where a county passed an ordinance requiring a 
high license tax for the sale of intoxicating liquors, 
but fixing no penalty for engaging in the business, 
the ordinance is not to be regarded as the exercise 
of the police power, but as a revenue measure. (Mer- 
ced Co. v. Helm, 102 Cal. 159, 36 Pac. 399.) 

A county ordinance imposing a license for revenue 
on the business of liquor dealer is valid, and such 
license may be collected within cities. (Ex parte 
Mansfield, 106 Cal. 400, 39 Pac. 775; Ventura Co. vy. 
Clay, 112 Cal. 65, 44 Pac. 488.) 

This section does not prohibit the legislature from 
enacting a law preventing counties, cities, etc., from 
levying and collecting a license tax for revenue. (Hx 
parte Ptirrman, 22 Cal. Dec. 411.) 


Sec. 13. ' The legislature shall not delegate to 
any special commission, private corporation, com- 
pany, association, or individual, any power to 
make, control, appropriate, supervise, or in any 
way interfere with, any county, city, town, or 
municipal improvement, money, property, or ef- 
fects, whether held in trust or otherwise, or to 
levy taxes or assessments, or perform any munici- 
pal functions whatever. 


MUNICIPAL FUNDS.—This section is prospec- 
tive, and applies only to legislation enacted after ~ 
its adoption.* (Commissioners v. Trustees, 71 Cal. , 
o10. "12 -Pae. 1224.) 

The legislature may direct a municipality to audit 
and allow claims against the municipality. (People 
v. Supervisors, 11 Cal. 206.) 

This section equally forbids the legislature from 
delegating to a municipal corporation power to do 





ARTICLE XI1.- 
No Delegation as to Municipal Improvements to Private Corpora- 
tions—Exception. 

Section 13. The legislature shall not delegate to any special 
commission, private corporation, company, association or in- 
dividual any power to make, control, appropriate, supervise or in 
any way interfere with any county, city, town or municipal im- 


provement, money, property, or effects, whether held in trust or 
otherwise, or to levy taxes or assessments or perforin any munic- 
ipal function whatever, except that the legislature shall have 
power to provide for the supervision, regulation and conduct, in 
such manner as it may determine, of the affairs of irrigation dis- 
tricts, reclamation or drainage districts, organized or existing 
under any law of this state. (Adopted November 3, 1914.) 





ARTICLE XI. 
Place of Payment ‘of Municipal Bonds. 
Section 13144. Any county, city and county, city, town, munic- 
ipality, irrigation district, or other public corporation, issuing 


bonds under the laws of the state, is hereby authorized and em- 


powered to make said bonds and the interest thereon payable 
at any place or places within or outside of the United States, 


and in any money, domestic or foreign, designated in said bonds. 
(Adopted November 3, 1914.) 





“257 CONSTITUTION OF 1879. Art. XI,§13 


what the legislature is itself forbidden from doing 
by this section... (Yarnell v. Los Angeles, 87 Cal. 603, 
25 Pac. 767.) 

The legislature has no control over funds of a 
municipality except to appropriate them for munici- 
pal purposes or in satisfaction of some valid claim 
against the municipality. (Conlin v. Supervisors, 114 
Cal. 404, 46 Pac. 279.) 

An act creating a police life and health insurance 
fund does not create a “special commission” within 
the meaning of this section. (Pennie y. Reis, 80 Cal. 
266, 22) Pac.’17T6.) 

Where an act leaves it discretionary with the local 
legislative body whether or not the improvement shall 
be made, but provides that, if done, it shall be done 
by a commission created by the act, it is not in vio- 
lation of this section. (Lent vy. Tillson, 72 Cal. 404, 
14 Pac. 71.) 

An act providing for the commitment of minor 
criminals to nonsectarian charitable corporations, the 
expense of maintenance to be paid by the county, is 
not in violation of this section. (Boys’ and Girls’ Aid 
Soc. v. Reis, 71 Cal. 627, 12 Pac. 796.) 

Where commissioners to open streets are simply 
made the agents of the municipality, and act under 
the direction of the city authorities, this section is 
not violated. (Davies v. Los Angeles, 86 Cal. 37, 24 
Pace Tis.) 

The act of 1891, permitting the organization and 
creation of sanitary districts, is not in conflict with 
this section, since such districts do not necessarily 
include municipal corporations. (Woodward y. Fruit- 
vale Sanitary Dist., 99 Cal. 554, 34 Pac. 289.) 

An ordinance providing that municipal bonds shall 
be payable outside of the state, at a bank in New 
York, is in violation of this section. (Los Angeles 
v. Teed, 112 Cal. 319, 44 Pac. 580.) 

But a contract by the board of supervisors for the 
sale of bonds at par, to be made payable at a bank 
in another county, does not constitute such bank a 
custodian of county funds, or the agent of either 
party. (Mack vy. Jastro, 126 Cal. 130, 58 Pae. 372.) 

A statute conferring upon the supervisors power to 
license individuals to take tolls on a public road, as 


Art. XI, §§ 14-16 CONSTITUTION oF 1879. 258 


compensation for keeping the road in repair, is not 
in violation of this provision. (Blood vy. McCarty, 112 
Cal. 561, 44 Pac. 1025.) 

An act allowing county officers to appoint deputies, 
whose salaries are fixed by the act and made payable 
out of the county treasury, is not in violation of this 
section. (Tulare Co.’ v. May, 118 Cal. 303, 50 Pac. 
427.) 

An act permitting the county clerk to make the 
compensation of the number of deputies he may see 
fit to appoint a charge upon the county treasury 
violates this section. (San Francisco v. Broderick, 
125 Cal. 188, 57 Pac. 887.) 

The authority given by the Vrooman Act to the 
contractor to collect the assessment is not a delega- 
tion of a municipal function. (Banaz vy. Smith, 21 
Cal. Dec. 735.) 


Sec. 14. No state office shall be continued or 
created in any county, city,.town, or other mu- 
nicipality, for the inspection, measurement, or 
graduation of any merchandise, manufacture, or 
commodity; but such county, city, town, or mu- 
nicipality may, when authorized by general law, 
appoint such officers. 


This section abolished the office of inspector of 
gas meters created by section 577 et seq. of the 
Political Code. (Condict v. Police Court, 59 Cal. 278.) 

Sec. 15. Private property shall not be taken 
or sold for the payment of the corporate debt of 


any political or municipal corporation. 


Sec. 16. All moneys, assessments, and taxes 
belonging to or collected for the use of any county, 
city, town, or other public or municipal corpora- 
tion, coming into the hands of any officer thereof, 





Const.: “Art. XI, Sec. 14. 
Uniform weights and measures. 
Section 14. The legislature may by general and uniform laws 


provide for the inspection, measurement and graduation of mer- 
chandise, manufactured articles and commodities, and may pro- 
vide for the appointment of such officers as may be necessary for 
such inspection, measurement and _ graduation. [Amendment 
adopted October 10, 1911.] 








259 CONSTITUTION OF 1879. Art. XI, §§ 17,18 


shall immediately be deposited with the treasurer, 
or .other legal depositary, to the credit of such 
city, town, or other corporation respectively, for 
the benefit of the funds to which they respectively 
belong. 


MUNICIPAL FUNDS.—This section only relates to 
those officers who rightfully or officially receive 
‘money for the county. (San Luis Obispo v. Farnum, 
108 Cal. 562, 41 Pac. 445.) 

The words “legal depositary” do not include a 
private individual or corporation. (Yarnell v. Los 
Angeles, 87 Cal. 603, 25 Pac. 767.) 

An ordinance providing that municipal bonds shall 
be payable outside of the state, at a bank in New 
York, is in violation of this provision. (Los Angeles 
v. Teed, 112 Cal. 319, 44 Pac. 580.) 

Funds of a school district are not subject to the 
control of the county. (Pacifie ete. Ins. Co. v. San 
Diego, 112 Cal. 314, 41 Pac. 423, 44 Pac. 571.) 

A contract by a municipal corporation making the 
bank which will pay the highest rate of interest a 
depository of the public moneys of the city is in vio- 
lation of this section. (Yarnell v. Los Angeles, 87 
Cal. 603, 25 Pac. 767.) 


See. 17. The making of profit out of county, 
city, town, or other public money, or using the 
same for any purpose not authorized by law, by 
any officer having the possession or control thereof, 
shall be a felony, and shall be prosecuted and 
punished as prescribed by law. 


Sec. 18. No county, city, town, township, 
board of education, or school districts, shall in- 
eur any indebtedness or liability in any manner 
or for any purpose exceeding in any year the in- 


Art. XI,;§18 CONSTITUTION oF 1879. 260 


come and revenue provided for such year, with- 
out the assent of two-thirds of the qualified elec- 
tors thereof, voting at an election to be held for 
that purpose, nor unless before or at the time 
of incurring such indebtedness provision shall ke 
made for the collection of an annual tax suffi- 
cient to pay the interest on such indebtedness as 
it falls due, and also provision to constitute a 
sinking fund for the payment of the principal 
thereof on or before maturity, which shall not 
exceed forty years from the time of. contracting 
the same; provided, however, that the city and 
county of San Francisco may at any time pay 
the unpaid claims, with interest thereon at the 
rate of five per cent. per annum, for materials 
furnished to and work done for said city and 
county during the forty-first, forty-second, forty- 
third, forty-fourth, and fiftieth fiscal years, and 
for unpaid teachers’ salaries for the fiftieth fiscal 
year, out of the income and revenue of any suc- 
ceeding year or years, the amount to be paid 
in full of said claims not to exceed in the ag- 
eregate the sum of five hundred thousand dollars, 
and that no statute of limitations shall apply in 
any manner to these claims; and provided further, 
that the city of Vallejo, of Solano county, may , 
pay its existing indebtedness, incurred in the con- 
struction of its waterworks, whenever two-thirds 
of the electors thereof, voting at an election held 
for that purpose, shall so decide, and that no 


Constitutional Amendments, 1915 


_ARTICLE XI. 


Municipal Debt Incurred in Any Year not to Exceed Income— 
Aid by Alameda to Panama-Pacific International Exposition. 
Section 18. No county, city, town, township, board of educa- 
tion, or school district, shall incur any indebtedness or liability in 
any manner or for any purpose exceeding in any year the income 
and revenue provided for such year, without the assent of two- 
thirds of the qualified electors thereof, voting at an election to be 
held for that purpose, nor unless before or at the time of incurring 
such indebtedness provision shall be made for the collection of an 
annual tax sufficient to pay the interest on such indebtedness as 
it falls due, and also provision to constitute a sinking fund for 
the payment of the principal thereof on or before maturity, which 
shall not exceed forty years from the time of contracting the 
same; provided, however, that the city and county of San Fran- 
cisco may at any time pay the unpaid claims, with interest there- 
on at the rate of five per cent per annum, for materials furnished 
to and work done for said city and county during the forty-first, 
forty-second, forty-third, forty-fourth, and fiftieth fiscal years, and 
for unpaid teachers’ salaries for the fiftieth fiscal year, out of the 
income and revenue of any succeeding year or years, the amount 
to be paid in full of said claims not to exceed in the aggregate 
the sum of five hundred thousand dollars, and that no statute of 
limitations shall apply in any manner to these claims; and proe* 
vided, further, that the city of Vallejo, of Solano county, may ‘pay 
its existing indebtedness, incurred in the construction of its 
waterworks, whenever two-thirds of the electors thereof, voting 
at an election held for that purpose, shall so decide, and that no 
statute of limitations shall apply in any manner. Any indebted- 
ness or liability incurred contrary to this provision, with the ex- 
ceptions hereinbefore recited, shall be void. The city and county 
of San Francisco, the city of San Jose, and the town of Santa 
Clara may make provision for a sinking fund, to pay the prin- 
cipal of any indebtedness incurred, or to be hereafter incurred 
by it, to commence at a time after the incurring of such indebted- 
ness of no more than a period of one-fourth of the time of 
maturity of such indebtedness, which shall not exceed seventy- 
five years from the time of contracting the same. <Any indebted- 
ness incurred contrary to any provision of this section shall be 
void; and provided, further, that the county of Alameda may, 
upon the assent of two-thirds of the qualified electors thereof 
voting at an election to be held for that purpose, incur a bonded 
Indebtedness of not to exceed one million dollars, and the legis- 
lative authority of said county of Alameda shall issue bonds 
therefor and grant and turn over to the Panama-Pacific Inter- 
national Exposition Company, a corporation organized under the 
laws of the State of California, March 22, 1910, the proceeds of 


/said bonds for stock in said company or under such other terms 
and conditions as said legislative authority may determine, the 
same to be used and disbursed by said exposition company for 
the purposes of an expOsition to be held in the city and county 
of San Francisco to celebrate the completion of the Panama canal; 
said bonds, so issued, to be of such form and to be redeemable, 
registered and converted in such manner and amounts, and at 
such times not later than forty years from the date of their issue 
as the legislative authority of said county of Alameda shall de- 
termine; the interest on said bonds not to exceed five per centum 
per annum, and said bonds to be exempt from all taxes for state, 
county and municipal purposes, and to be sold for not less than 
par at such times and places, and in such manner, as shall be 
determined by said legislative authority; the proceeds of said 
bonds, when sold, to be payable immediately upon such terms or 
conditions as said legislative body may determine, to the treasurer 
of said Panama-Pacific International ExpOsition Company, upon 
demands of said treasurer of said exposition company, without the 
necessity of the approval of such demands by other authority, 
than said legislative authority of Alameda county, the same to be 
used and disbursed by said Panama-Pacific International Exposi- 
tion Company for the purposes of such exposition, under the 
direction and control of said exposition company; and, the legis- 
lative authority of said county of Alameda is hereby empowered 
and directed to levy a special tax on all taxable property in said 
county each year after the issue of said bonds to raise an amount 
to pay the interest on said bonds as the same become due, and to 
create a sinking fund to pay the principal thereof when the same 
shall become due. (Adopted November 3, 1914.) 


261 CONSTITUTION OF 1879. Art. XI, § 18 


statute of limitations shall apply in any manner. 
Any indebtedness or liability incurred contrary to 
this provision, with the exceptions hereinbefore 
recited, shall be void. [Amendment adopted No- 
vember 6, 1900. ] 


[AMENDMENT OF 1892.] 


Sec, 18. No county, city, town, township, board 
of education, or school district, shall incur any indebt- 
edness or liability, in any manner, or for any purpose, 
exceeding in any year the income and revenue pro- 
vided for it for such year without the assent of two- 
thirds of the qualified electors thereof voting at 
an election to be held for that purpose, nor unless, 
before or at the time of incurring such indebtedness, 
provision shall be made for the collection of an an- 
nual tax sufficient to pay the interest on such indebt- 
edness as it falls due, and also provision to constitute 
a sinking fund for the payment of the principal there- 
of on or before maturity, which shall not exceed forty 
years from the time of contracting the same. Any 
indebtedness or liability incurred contrary to this 
provision shall be void. [Ratification declared Decem- 
ber 30, 1892.] 


[ORIGINAL SECTION.] 


See. 18. No county, city, town, township, board 
of education, or school district, shall incur any indebt- 
edness or liability in any manner or for any purpose, 
exceeding in any year the income and revenue pro- 
vided for it for such year, without the assent of two- 
thirds of the qualified electors thereof voting at an 
election to be held for that purpose, nor unless, be- 
fore or at the time of incurring such indebtedness, 
provision shall be made for the collection of an an- 
nual tax sufficient to pay the interest on such in- 


Art. XI,§18 CONSTITUTION OF 1879. 262 


debtedness as it falls due, and also to constitute a 
sinking fund for the payment of the principal thereof 
within twenty years from the time of contracting 
the same. Any indebtedness or liability incurred con- 
trary to this provision shall be void. 


MUNICIPAL INDEBTEDNESS:—This provision is 
to be naturally and reasonably construed as pro- 
viding that all legitimate indebtedness of the mu- 
nicipality must not exceed all the revenues and in- 
come provided for that year. (Higgins vy. San Diego, 
131 Cal. 294.) 

It refers only to the acts or contracts of the city 
and not to liabilities which the law may cast upon 
her. (McCraken v. San Francisco, 16 Cal. 591; Lewis 
v. Widber, 99 Cal. 412, 33 Pac. 1128.) | 

It does not apply to the payment of the salary of 
a public officer, whose office has been created and 
salary fixed by law. (Lewis vy. Widber, 99 Cal. 412, 
Sov aAG, Lice) 

It does not apply to the obligation of a city to 
return money which she has received by mistake or 
without authority of law. (Argenti v. San Fran- 
cisco, 16 Cal. 255.) 

Under this section no indebtedness or liability can 
be ineurred by a municipality (except in the manner 
therein provided), exceeding in any year the income 
and revenue actually received by it. Hach year’s in- 
come and revenue must pay each year’s indebtedness 
and liability, and no indebtedness or liability incurred 
in any one year can be paid out of the income of any 
future year. (San Francisco Gas Co. v. Brickwedel, 
62 Cal. 641; Schwartz v. Wilson, 75 Cal. 502, 17 Pac. 
449; Smith v. Broderick, 107 Cal. 644, 40 Pac. 1033; 
Weaver v. San Francisco, 111 Cal. 319, 48 Pace. 972; 
Montague v. Hnglish, 119 Cal. 225, 51 Pac. 327.) 

The fact that the obligation is reduced to judg- , 
ment and a special tax levied and collected for its 
payment does not alter the case. (Smith v. Brod- 
erick, 107 Cal. 644, 40 Pac. 1033; Goldsmith v. San 
Francisco, 115 Cal. 36, 46 Pac. 816.) 

A creditor of the city does not acquire a right to 
be paid out of the income for any subsequent year 
on the ground that the funds were depleted by a 


263 CONSTITUTION OF 1879. Art. XI, §18 


large excess in the expenses of a general election 
over the estimate made by the supervisors. (Weaver 
v. San Francisco, 111 Cal. 319, 43 Pac. 972.) 

The income provided for a county during a given 
fiscal year must be applied to the payment of the 
county indebtedness incurred during such year, be- 
fore the payment of any indebtedness of a preceding 
year can be made therefrom. (Shaw vy. Statler, 74 
Gabe2sS,015 Pac. 833.) 9 ~ 

Moneys of a previous fiscal year, remaining in the 
treasury in a subsequent year, are not part of the 
fund of that subsequent year, but they remain a 
part of the fund of the previous year, and a claimant 
of that fund cannot be robbed of his due by a techni- 
eal transfer. (Bilby v. McKenzie, 112 Cal. 148, 44. 
Pac. 341.) 

Where the revenue of one fiscal year has been ex- 
hausted, the city officers cannot, for the purpose of 
providing for the present needs of the municipality 
during the remainder of the year, incur debts to be 
met in a subsequent year, except in the manner pro- 
vided in this section. (Bradford v. San Francisco, 
112 Cal. 587, 44 Pac. 912.) 

This section does not prohibit the auditing of de- 
mands for salaries, although the aggregate amount 
of the salaries for a given year would exceed the 
amount limited by the board of supervisors for the 
payment of such salaries during that year. (Welch 
v. Strother, 74 Cal. 418, 16 Pac. 22.) 

This section does not apply to irrigation districts. 
(In re Madera Irr. Dist., 92 Cal. 296, 28 Pac. 272.) 

A contract for future annual payments for a sewer 
farm is not a present liability. (McBean vy. Fresno, 
112 Cal. 159, 44 Pac. 358; Smilie v. Fresno, 112 Cal. 
811, 44 Pac. 556; Higgins v. San Diego Water Co., 118 
Cal. 524, 45 Pac. 824, 50 Pac. 670.) 

Sections 4445 to 4449 of the Political Code are not 
in conflict with this section, since they only provide 
for a change in the form of the evidence of the in- 
debtedness, and not for the creation of new indebt- 
edness. (Los Angeles v. Teed, 112 Cal. 319, 44 Pac. 
580. 

isan action by a taxpayer will lie to enjoin the offi- 
cers of a city from incurring any indebtedness in 


Art. XI, §18 «CONSTITUTION oF 1879. | 264 


violation of this provision. (Bradford v. San Fran- 
cisco, 112 Cal. 537, 44 Pac. 912.) 

A claim arising under a contract for the burial of 
the indigent dead is within this provision. (Pacific 
Undertakers v. Widber, 113 Cal. 201, 45 Pac. 273.) 

The fact that the indebtedness is incurred for an 
urgent necessity will not take the case out of this 
provision. (Buck v. Eureka, 119 Cal. 44. 50 Pac. 1065.) 

Notwithstanding this provision, a judgment against 
a municipality should be in form a general judgment, 
although it and the liability on which it is based 
can only be paid out of the municipal revenues of 
the fiscal year in which the liability was incurred. 
(Buck v. Eureka, 119 Cal. 44, 50 Pac. 1065.) 

An implied liability of a eity is within the pro- 
hibition of this section. (Buck v. Eureka, 124 Cal. 
61, 56 Pac./ 612.) 

An implied liability for services rendered by an at- 
torney of the city is incurred when, from time to 
time, the services were fully rendered, and the city, 
with knowledge, accepted the benefit of them. (Buck 
v. Eureka, 124 Cal. 61, 56 Pac. 612.) 

In an action concerning the validity of a. municipal 
obligation, it is error to reject evidence of the con- 
dition of the treasury at the time it was incurred. . 
(Buck v. Eureka, 124 Cal. 61, 56 Pac. 612.) 

Although there may beno money in the fund out 
of which a liability is payable at the time it is cre- 
ated, still, if at the end of the fiscal year there is 
money in such fund, it may be applied to such lia- 
bility. (Higgins v. San Diego, 1381 Cal. 294.) 

This section only requires the assent of two-thirds 
of such electors as vote on the proposition of in- 
curring the indebtedness, and not two-thirds of those 
voting at the election. (Howland y. Supervisors, 109 
Cal. 152, 41 Pac. 864.) 

The fact that the election is held at the same time 
and place as the general election does not affect ° 
the character of the election. (Howland vy. Super- 
visors, 109 Cal, 152, 41 Pac. 864.) 

This section does not require that at the time of 
the sale or issuance of the bonds, or the incurring 
of the bonded indebtedness, a sinking fund or interest 
tax be levied, but only that provision shall be made 


Const.: Art. XI, Sec. 19. 
Municipalities may establish and operate public utilities. 

Section 19. [Any municipal corporation may establish and oper- 
ate public works for supplying its inhabitants with light, water, 
power, heat, transportation, telephone service or other means of 
communication. Such works may be acquired by original con- 
struction or by the purchase of existing works, including their 
franchises, or both. Persons or corporations may establish and 
operate works for supplying the inhabitants with such services 
upon such conditions and under such regulations as the municl- 
pality may prescribe under its organic law, on] condition that the 
municipal government shall have the right to regulate the charges 
thereof. [A municipal corporation may furnish such services 
to inhabitants outside its boundaries; provided that it shall not 
furnish any service to the inhabitants of any other municipality 
owning or operating works supplying the same service to such in- 
habitants, without the consent of such other municipality, ex- 
pressed by ordinance.] [Amendment adopted October 10, 1911.] 





ar cea 





* 


265 CONSTITUTION OF 1879.. Art. XI, § 19 


for their collection. (Howland v. Supervisors, 109 
Cal. 152, 41 Pac. 864.) 


As to the sufficiency of the notice of the election, 
see Los Angeles y. Teed, 112 Cal. 319, 44 Pac. 580. 

Sec. 19. In any city where there are no pub- 
lic works owned and controlled by the municipal- 
ity for supplying the same with water or artificial 
light, any individual, or any company duly in- 
corporated for such purpose, under and by au- 
thority of the laws of this state, shall, under the 
direction of the superintendent of streets, or other 
officer in control thereof, and under such general 
regulations as the municipality may prescribe, 
for damages and indemnity for damages, have 
the privilege of using the public streets and 
thoroughfares thereof, and of laying down pipes 
and conduits therein, and connections therewith, 
so far as may be necessary for introducing into 
and supplying such city and its inhabitants either 
with gaslight, or other illuminating light, or 
with fresh water for domestic and all other pur- 
poses, upon the condition that the municipal gov- 
ernment shall have the right to regulate the 
charges thereof. [Ratification declared February 
12, 1885. ] 


[ORIGINAL SECTION.] 


See. 19. No public work or improvement of any 
description whatsoever shall be done or made, in any 
city, in, upon or about the streets thereof, or other- 
wise, the cost.and expense of which is made charge- 
able or may be assessed upon private property by 

Constitution—23 


Art. XI,§19 CONSTITUTION OF 1879. 266 


special assessment, unless an estimate of such cost 
and expense shall be made, and an assessment, in ° 
proportion to benefits, on the property to be affected 
or benefited, shall be levied, collected, and paid into 
the city treasury before such work or improvement 
shall be commenced, or any contract for letting or 
doing the same authorized or performed. In any 
city where there are no public works owned and con- 
trolled by the municipality, for supplying the same 
with water or artificial light, any individual, or any 
company duly incorporated for such purpose under 
and by authority of the laws of this state, shall, un- 
der the direction of the superintendent of streets, or 
other officer in control thereof, and under:such gen- 
eral regulations as the municipality may prescribe for 
damages and indemnity for damages, have the priv- 
ilege of using the public streets and thoroughfares 
thereof, and of laying down pipes and conduits there- — 
in, and connections therewith, so far as may be nec- 
essary for introducing into and supplying such city 
and its inhabitants either with gaslight or other il- 
luminating light, or with fresh water for domestic 
and all other purposes, upon the condition that the 
municipal government shall have the right to regu: 
late the charges thereof. 


WATER AND LIGHT.—The word “city,” used in 
this section, includes ‘‘town.” (Pereria v. Wallace, 
129 Cal. 397, 62 Pac. 61; People v. Stephens, 62 Cal. 
209.) 

The provision of the act of 1858, requiring water 
companies to furnish water free of. charge to cities 
and counties, was abrogated by this section. (Spring 
Valley W. W. v. San Francisco, 61 Cal. 18.) 

The board of supervisors has no power to delegate 
to a commission the power to fix the rates to be paid 
by the county for gas. But where the board after- 
ward ratifies the rates fixed by the commission, the 
final determination with respect to the rates is ex- 


267 CONSTITUTION oF 1879.. Art. XI, § 19 


ercised by the board, and is valid. (San Francisco 
Gas Co. v. Dunn, 62 Cal. 580.) 

This section does not deprive the right -to collect 
rates for water of its character of a franchise. 
(Spring Valley W. W. v. Schottler, 62 Cal. 69.) 

Although a contract fixing the price of gas may 
be void, still if the gas is actually furnished to and 
used by the municipality, the board may allow for 
its payment such sum as it is reasonably worth. 
(San Francisco Gas Co. v. Dunn, 62 Cal. 580.) 

In the absence of an express limitation, a contract 
by the board as to rates for the term of five years 
will not be held unreasonable. (San Francisco Gas 
Co. v. Dunn, 62 Cal. 580.) 

The question of what is a reasonable rate is a 
question of fact. (Redlands ete. Co. v. Redlands, 
121° Caly 312, .53' Pac. .791:.) 

The water company is not entitled to be reimbursed 
from the income derived from the rates for interest 
upon ‘its indebtedness, nor for depreciation of its 
plant, aside from the amount requisite for its main- 
tenance and repairs during the year. (Redlands ete. 
Co. v. Redlands, 121 Cal. 312, 53 Pac. 791.) 

The bonded or other indebtedness of the company 
is not to be considered; but the fair value of the prop- 
erty which is necessarily used in furnishing the water 
is the basis upon which to determine the amount of 
revenue, which should be the same whether the 
works are acquired or constructed by the company 
with its own resources, or with money borrowed from 
others. (Redlands etc. Co. v. Redlands, 121 Cal. 365, 
53 Pac. 843.) 

The company has no absolute right to receive a 
given per cent. on its capital stock. (Redlands ete. 
Co. y. Redlands, 121 Cal. 365, 53 Pac. 8438.) 

The rights of the public, as well as those of the 
stockholders, are to be considered; and the publie 
cannot be subjected to unreasonable rates in order 
simply that stockholders may have dividends. The 
company has the right to receive only what, under 
all the circumstances, is such compensation as will 
be just to it and to the public. (Redlands etc. Co. v. 
Redlands, 121 Cal. 365, 53 Pac. 843.) 


Art. XI, §19 CONSTITUTION oF 1879. 268 


An ordinance requiring a special permission to be 
obtained from the board of supervisors, before streets 
can be obstructed, is reasonable. (Mutual Electric 
ete. Co. vy. Ashworth, 118 Cal. 1, 50 Pae. 10.) ; 

Under this section the city may require special per- 
mission from the city before poles can be erected in 
the streets by an electric light company; and the mere 
fact that the permission is granted to one company 
and unjustly refused to another will not entitle the 
latter to enjoin the city authorities from interfering 
with the erection of such poles—the proper remedy 
being to compel the granting of the permit by man- 
damus. (Mutual Electric etc. Co. v. Ashworth, 118 
Gali bO. Pac. 10) 

A statute requiring municipalities to sell franchises 
for laying pipes, ete., to the highest bidder is void. 
(Pereria v. Wallace, 129 Cal. 397, 62 Pac. 61.) 

See, further, as to water rates, note to section 33, 
article 4, and section 1, article 14. 

STREET ASSESSMENTS.—The ‘‘front-foot” meth- 
od of assessment is valid. (Hadley v. Dague, 130 Cal. 
207, 62 Pac. 500; Cohen v. Alameda, 124 Cal. 504, 57 
Pac. 377; Chambers v. Satterlee, 40 Cal. 497; Emery 
v. San Francisco Gas Co., 28 Cal. 845; Emery vy. Brad- 
ford, 29 Cal. 75; Taylor v. Palmer, 31 Cal. 240; Whit- 
ing v. Quackenbush, 54 Gal. 306; Whiting v. Town- 
send, 57 Cal. 515; Lent v. Tillson, 72 Cal. 404, 14 Pac. 
71; Jennings v. Le Breton, 80 Cal. 8, 21 Pae. 1127; 
San Francisco Pav. Co. v. Bates, 22 Cal. Dee. 302; 
Banaz v. Smith, 21 Cal. Dee. 735.) 

An assessment for improving a street is a tax, and 
must be levied with equality and uniformity. (Whit- 
ing vy. Quackenbush, 54 Cal. 306.) 

A contract for a street improvement, made before 
the new constitution went into effect, is not affected 
by its provisions, and the granting of an extension 
of time for the performance of the same is not a 
new contract. (Oakland Pay. Co. v. Barstow, 79 Cal. 
45, 21 Pac. 544; Ede v. Cogswell, 79 Cal. 278, 21 Pac. 
767; Ede vy. IKxnight, 93 Cal. 159, 28 Pac. 860.) 

The provisions of this section in its original form 
were self-executing, and the provisions of the act of 
1872, relating to street improvements in San Fran- 
cisco, and authorizing the superintendent of streets to 


269 CONSTITUTION OF 1879. Art. XI, §19 


execute contracts for such improvements in advance 
of the levy and collection of the assessment, were 
inconsistent with it, and ceased to be operative when 
it went into effect. (McDonald v. Patterson, 54 Cal. 
245; Donahue vy. Graham, 61 Cal. 276.) 

The act of 18638, providing for the widening of 
streets in San Francisco by agreement with the own- 
ers, was not in conflict with this section. (San Fran- 
cisco v. Kiernan, 98 Cal. 614, 33 Pac. 720.) 

The provision of the charter of San Francisco for 
making a contract for street work before an assess- 
ment had been levied and collected was repealed by 
this section, aud was not revived by the constitu- 
tional amendment dispensing with the necessity of 
such levy and collection. (Thomason v. Ruggles, 69 
Cal. 465, 11 Pac. 20; Thomason v. Ashworth, 73 Cal. 
73, 14 Pac. 615.) 

The amendment to this section in 1885 was legally 
adopted. (Oakland Pav. Co. v. Tompkins, 72 Cal. 5, 

12 Pac. 801; Thomason vy. Ashworth, 73 Cal. 738, 14 
’ Pace. 615; People v. Strother, 67 Cal. 624, 8 Pac. 383. 
But see Oakland Pav. Co. v. Hilton, 69 Cal. 479, 11 
Pae. 3.) 


Art. XIT CONSTITUTION OF 1879. 270 


Sr SR Lo SR Sh Lr 


we 


Cr D> SH Or 


ID OR ge te 


od 


10. 
a: 
12. 
13. 
14. 
16. 
i: 


18. 


19. 


ARTICLE XII. 
CORPORATIONS. | 


Corporations to be formed under general laws. 

Dues to be secured by individual liability, ete. 

Stockholders to be individually liable. 

Corporations construed. 

Banking prohibited. 

Existing charters, when invalid. 

Charters not to be extended, nor forfeiture re- 
mitted. 

All franchises subject to the right of eminent 
domain. 

Restrictions on powers of corporations. 

Liabilities of franchise under lease or grant. 

Corporation stock, restriction on issue of. 

Election of directors—Cumulative or distribu- 
tive votes. : 

State not to loan its credit nor subscribe to 
stock of corporations. 

Corporations to have office for transaction of 
business in stocks. 

Foreign corporations, conditions. 

Corporations, where to be sued. 

Transportation companies, rights and liabili- 
ties of. ; 

Officers of corporations, restriction as to in- 
terests. 

Free passes on railroads prohibited to state 
officials, 


2th CONSTITUTION OF 1879. Art. XII, §1 


§ 20. Fares and freights to be regulated by govern- 


ment. 

§ 21. Discrimination in charges by carriers forbid- 
den. 

§ 22. Railroad districts, organization of. 

§ 23. Temporary railroad districts. 

§ 24. Legislature to pass laws to enforce this article. 


Section 1. Corporations may be formed under 
general laws, but shall not be created by special 
act. All laws now in force in this state concern- 
ing corporations, and all laws that may be here- 
after passed pursuant to this section, may be 
altered from time to time or repealed. 


CORPORATIONS—What are.—A levee district is 
not a private corporation, neither is it.a municipal 
corporation, but it belongs to a class by itself, the 
creation, organization, and control of which 1s not 
limited by the constitution. (People v. Levee Dist. 
No. 6, 181 Cal. 30.) 

Prior to the new constitution, a reclamation dis- 
trict was held to be a public corporation, which could 
be created by special act. (Reclamation Dist. No. 
124 v. Gray, 95 Cal. 601, 30 Pac. 779.) 

Creation of.— The legislature cannot confer upon 
corporations any powers or grant them any privileges 
by special act. (San Francisco v. Spring Valley W. 
W., 48 Cal. 493.) 

A corporation sole can be created only by com- 
pliance with the provisions of the Civil Code. 
(Blakeslee v. Hall, 94 Cal. 159, 29 Pac. 623.) 

This section does not prohibit the assignment of a 
franchise to a legally organized corporation, by per- 
sons having the lawful right to exercise and transfer 
the same—this section referring only to power directly 
conferred upon corporations by the legislature. (Peo- 
ple v. Stanford, 77 Cal. 360, 18 Pac. 85, 19 Pac. 693.) 

A law providing a special method of assessment 
and collection of taxes against railroads situated in 


Art. 201135 1 CONSTITUTION OF 1879. 272 


more than one county is not in violation of this sec- 
tion. (People v. Central Pac. R. R. Co., 105 Cal. 576, 
88 Pac. 905. People v. Central Pac. R. R. Co., 83 Cal. 
393, 238 Pac. 303, overruled.) 

An act “to establish water rates in the city and 
county of San Francisco,” and a supplemental act, 
held unconstitutional in so far as they attempt to pro- 
vide a mode of fixing rates to be charged by corpora- 
tions in San Francisco differing from the mode pro- 
vided for other corporations by general laws. (San 
Francisco v. Spring Valley W. W., 53 Cal. 608; Spring 
Valley W. W. v. Bryant, 52 Cal. 182; San Francisco 
v. Spring Valley W. W., 48 Cal. 493.) 

An act which authorizes the board of supervisors 
of a county to grant certain privileges to a particu- 
lar corporation is void. (Waterloo ete. Road Co. v. 
Cole, 51 Cal. 381.) 

An act which grants to individuals powers and 
privileges, and provides that the act shall not take 
effect unless such persons incorporate within a given 
time, is a grant to the corporation, and void. (San 
Francisco v. Spring Valley W. W., 48 Cal. 4938; Cali- 
fornia State Tel. Co. v. Alta Tel. Co., 22 Cal. 398; 
disapproved.) ‘ 

Under this section the legislature cannot by special 
act change the name of a corporation, but-~-may by 
general law provide for such change by the superior 
court upon application of the incorporators. (Matter 
of La Société Francaise, ete., 123 Cal. 525, 56 Pae. 
458. See, also, Pacific Bank v. De Ro, 37 Cal. 538.) 

An act granting to certain individuals the exclusive 
right to a line of telegraph does not violate this sec- 
tion. (California State Tel. Co. v. Alta Tel. Co., 22 
Cal. 398. But see San Francisco v. Spring Valley 
W. W., 48 Cal. 493.) 

Where a franchise is conferred by the legislature 
to certain individuals to supply a town with water, 
and they afterward sell such franchise to a corpo- 
ration, this section is not violated. (San Luis Water 
Co. v. Estrada, 117 Cal. 168, 48 Pac. 1075. San Fran- 
cisco v. Spring Valley W. W., 48 Cal. 493, distin- 
guished.) 

An act conferring the power of appointing boards 
of examiners upon three named societies, which are 


273 CONSTITUTION OF 1879. Art. X11,.§ 2 


said to be “existing corporations,” held not to be in 
conflict with this section, as the power is not con- 
ferred upon them as corporations—the expression 
“existing corporations” being merely descriptio per- 
sonarum. (Ex parte Frazer, 54 Cal. 94; Ex parte Mc- 
Nulty, 77 Cal. 164, 19 Pac. 237; Ex parte Johnson, 62 
Cal. 263.) 

This provision continued in force section 359 of the 
Code of Civil Procedure, limiting the time within 
which an action can be brought to enforce the stock- 
holders’ personal liability. (Santa Rosa Nat. Bank y. 
Barnett, 125 Cal. 407, 58 Pace. 85.) 

Alteration and repeal of charters.—The right to 
alter and repeal is not without limit; it must be rea- 
sonable. Sheer oppression and wrong cannot be in- 

-flicted under the guise of amendment or alteration. 
{Spring Valley W. W. v. San Francisco, 61 Cal. 3.) 

The power of the legislature to alter and amend 
under this section does not authorize the legislature, 
while the corporation exists, to deprive it of the 
rights guaranteed to it by the federal constitution, 
to due process of law, and to the equal protection 
of the laws, nor to alter the charter of foreign cor- 
porations doing business in this state.. (Johnson vy. 
Goodyear Min. Co., 127 Cal. 4, 59 Pac. 304.) 

A provision in the charter of a water company 
permitting it to name two out of five commissioners 
to fix water rates is simply a privilege, and not a 
contract with the company, and may be repealed at 
any time. (Spring Valley W. W. v. San Francisco, 
61 Cal. 3.) 

The legislature may, under the reserved power, pro- 
vide for the consolidation of corporations by a ma- 
jority vote of the stockholders, without reference to 
the will of the dissenting stockholders. (Market Street 
Ry. Co. v. Hellman, 109 Cal. 571, 42 Pac. 225.) 

Under this provision the people of the state have 
power to change the law as to the liability of stock- 
holders. (McGowan v. McDonald, 111 Cal. 57, 43 
Pac. 418.) 


See. 2. Dues from corporations shall be se- 
cured by such individual liability of the corpo- 


AE ESE Sa CONSTITUTION OF 1879. 274 


rators and other means as may be prescribed by 
law. 


See. 3. Each stockholder of a corporation, or 
joint-stock association, shall be individually and 
personally liable for such proportion of all its 
debts and liabilities contracted or incurred, dur- 
ing the time he was a stockholder, as the amount 
of stock or shares owned by him bears to the 
whole of the subscribed capital stock, or shares 
of the corporation or association. ‘The directors 
or trustees of corporations and joint-stock as- 
sociations shall be jointly and severally liable to 
the creditors and stockholders for all moneys em- 
bezzled or misappropriated by the officers of such 
corporation, or joint-stock association, during the 
term of office of such director or trustee. 


STOCKHOLDERS’ LIABILITY—In general.—Un- 
der this section a stockholder cannot be exempted 
by law from his individual liability. (McGowan v. 
McDonald, 111 Cal. 57, 43 Pac. 418.) 

A somewhat similar provision of the former con- 
stitution was held not to be self-executing. (French 
v. Teschemaker, 24 Cal. 518.) 

The former constitution left it to the legislature 
to prescribe the rule by which each stockholder’s 
proportion should be ascertained. (Larrabee y. Bald- 
win, 35 Cal. 155.) 

Under tbe former constitution it was held that 
any one creditor, whose debt was sufficient, might 
collect from one particular stockholder the entire 
amount of his liability on all the corporate debts, 
leaving him to seek contribution out of his co-stock- 
holders. (Larrabee v. Baldwin, 35 Cal. 155.) 

While it has never been decided whether or not 
this rule applies under the present constitution, it has 


to CONSTITUTION OF 1879. Art. XII, §3 


been said that “all” the debts means every debt of 
the company; and therefore any creditor is entitled 
to sue any stockholder for his proportion of the in- 
debtedness of the company to such creditor, without 
reference to the other debts of the corporation. (Mor- 
row v. Superior Court, 64 Cal. 383, 1 Pac. 354.) 

An act authorizing the formation of corporations, 
without attaching to the stockholders an individual 
Jiability would be unconstitutional, and the persons 
organized under such an act would acquire none of 
the rights of a corporation. (French v. Teschemaker, 
24 Cal. 518.) 

But the creditors of a corporation may waive the 
personal liability of the stockholders at the time of 
contracting with the corporation. (French vy. Tesche- 
maker, 24 Cal. 518.) 

A depositor in a savings bank does not waive the 
personal liability of the stockholders by an unsigned 
agreement printed in the book of each depositor, nor 
by a printed release of liability inserted in the signa- 
ture-book, to which no special subscription was made 
by the depositors. (Wells v. Black, 117 Cal. 157, 48 
Pac. 1090.) . 

_A by-law of a corporation that the stockholders 
shall not be personally liable for the debts of the 
corporation is void. (Wells v. Black, 117 Cal. 157, 48 
Pac. 1090.) 

A law limiting the time within which an action can 
be brought under this section to three years from the 
ereation of the liability is valid. (Santa Rosa Nat. 
Bank v. Barnett, 125 Cal. 407, 58 Pac. 85.) 

An act authorizing a city to subscribe to the stock 
of a corporation, provided the corporation should 
make it a condition of all contracts entered into by 
it that the city should not be liable as a stockholder, 
is not invalid as taking away the liability fixed by 
the constitution. (Irench y. Teschemaker, 24 Cal. 
518.) 

One stockholder may enforce the personal liability 
of other stockholders in the corporation for a debt 
due such stockholder from the corporation. (Brown 
v. Merrill, 107 Cal. 446, 40 Pac. 557; Knowles v. San- 
dercock, 107 Cal. 629, 40 Pac. 1047.) 


- 


Art. XII; §3 CONSTITUTION OF 1879. 276. 


This provision applies to corporations formed be- 
fore as well as after the adoption of the new consti- 
tution. (McGowan vy. McDonald, 111 Cal. 57, 48 Pac. 
418.) 

Uneder a like provision in the constitution of Kan- 
sas it was held that it was enforceable in this state 
against California stockholders in a Kansas corpora- 
tion. (Ferguson v. Sherman, 116 Cal. 169, 47 Pae. 
Ne) 

When it attaches.—This section has no application 
to liabilities of stockholders which accrued prior to 
its adoption. (Harmon y. Page, 62 Cal. 448.) 

A subscriber for shares is responsible as a stock- 
holder, although he has not paid for his stock or re- 
ceived a certificate therefor. (Mitchell v. Beckman, 
64) Calio1lT, 28. Paceli0.) 

A pledgee of stock is not a stockholder within the 
meaning of this section. (Borland v. Nevada Bank, 
99 Cal. 89, 33 Pac. 737.) 

The liability of the stockholder is dependent upon 
the fact that he is a stockholder at the time the debt 
is created, and such liability cannot be extended by 
the corporation by a note given for an indebtedness 
not created while he was a stockholder, by suffering 
a judgment to be recovered on such indebtedness, or 
in any other manner. (Winona Wagon Co. vy. Bull, 
108 Cal. 1, 40 Pac. 1077; Larrabee v. Baldwin, 35 Cal. 
155; Danielson v. Yoakum, 116 Cal. 382, 48 Pac. 322; 
Partridge v. Butler, 113 Cal. 326, 45 Pac. 678; Santa 
Rosa Nat. Bank v. Barnett, 125 Cal. 407, 58 Pac. 85.) 

The liability of a stockholder in a savings bank 
accrues at the time of the acceptance of the deposit. 
(Wells v. Black, 117 Cal. 157, 48 Pac. 1090.) 

A stockholder in a savings bank is liable for his 
proportion of a deposit in such bank. (Wells v. 
Black, 117 Cal. 157, 48 Pac. 1090.) ; 

A liability for overdrafts to a bank is created upon 
the daily balances against the corporation shown by 
the account. (Santa Rosa Nat. Bank v. Barnett, 125 
Cal. 407, 58 Pac. 85.) 

The liability of a corporation for the services of an 
attorney is not created until the rendition of the 
services. (Johnson vy. Bank of Lake, 125 Cal. 6, 57 
Pac. 664.) : 


277 CONSTITUTION OF 1879. Art. XII, §3 


Where an accommodation indorser of the note of 
a corporation pays the same, the debt is extinguished 
and the stockholders’ liability upon the debt comes 
to an end, and neither under the doctrine of equitable 
assignment nor of subrogation can it be transferred 
as a live and subsisting obligation, but at the time 
of payment by the indorser a new liability springs 
up against the corporation and its stockholders, a lia- 
bility upon an implied contract to reimburse what has 
been expended, including costs and expenses. (Yule 
v. Bishop, 22 Cal. Dec. 255.) 


Nature of.—An action to recover upon the liability 
of a stockholder is an action at law. (Morrow v. 
Superior Court, 64 Cal. 388, 1 Pac. 354.) 

A stockholder’s liability is a “liability created by 
law.” (Moore v. Boyd, 74 Cal. 167, 15 Pac. 670; Hunt 
v. Ward, 99 Cal. 612, 34 Pac. 335.) i 

It is also a liability created by statute. (Bank vy. 
Pacific Coast S. S. Co., 108 Cal. 594, 37 Pac. 499.) 

It is also an obligation arising upon _ contract. 
(Dennis vy. Superior Court, 91 Cal. 548, 27 Pac. 1031; 
Kennedy v. California Sav. Bank, 97 Cal. 98, 31 Pac. 
846.) 

The obligation of stockholders is direct and pri- 
mary. They are principal debtors, and not sureties 
of the corporation, and their liability is not contin- 
gent upon a recovery against the corporation, nor is 
it affected by a suspension or renewal as to the cor- 
poration. (Faymonville v. McCollough, 59 Cal. 285; 
Davidson v. Rankin, 34 Cal. 503; Hyman v. Cole- 
man, 82 Cal. 650, 23 Pac. 62; Mitchell v. Beckman, 
64 Cal. 117, 28 Pac. 110.) 

Stockholders are not jointly and severally liable, 
but each stockholder is severally liable for his pro- 
portion of the indebtedness, and when he has paid 
his portion of any debt, or of all the debts of the 
_ corporation, he is freed from all liability, and has 
no cause of action against any other stockholder 
for money so paid. (Brown v. Merrill, 107 Cal. 446, 
40 Pac. 557; Derby v. Stevens, 64 Cal. 287, 30 Pac. 
820.) 

The mere fact that the corporation has pledged to 
the debtor certain property as security for the debt 
dces not prevent the debtor from suing the stock- 

Constitution—24 


ALGAE 5 CONSTITUTION OF 1879. 278 © 


holders. (Sonoma Valley Bank v. Hill, 59 Cal. 107.) 
A judgment against the corporation does not ex- 

tinguish, suspend, or merge the liability of the stock- 

holders. (Young v. Rosenbaum, 39 Cal. 646.) 

Nor does such a judgment prolong the time within 
which an action may be maintained against the stock- 
holders. (Stilphen v. Ware, 45 Cal. 110.) 

An action may be maintained against the stock- 
holders, although the debt is secured by a mortgage 
of the corporation which has not been foreclosed. 
(Knowles v. Sandercock, 107 Cal. 629, 40 Pae. 1047.) 

Stockholders are liable for interest as well as prin- 
cipal. (Wells, Fargo & Co. v. Enright, 127 Cal. 669, 
60 Pac. 4389.) 

A stockholder of an insolvent bank has no right to 
share in the dividends of the bank by way of sub- 
rogation to the rights of a creditor to whom he has 
paid his proportionate share of his claim. (Sacra. 
mento Bank vy. Pacific Bank, 124 Cal. 147, 56 Pace. 
787.) 

Release of.—Whenever a debt of a corporation is 
satisfied in part, there is also pro tanto a discharge 
of the liability of the stockholders. (San Jose Sav. 
Bank yv. Pharis, 58 Cal. 380.) 

Where a creditor of a corporation releases a stock- 
holder from all personal liability, he thereby dis- 
charges the corporation and other stockholders to the 
Same extent as the one to whom the release is exe- 
cuted. If the release is for the releasee’s propor- 
tion, the company and other stockholders are only 
released pro tanto. (Prince v. Lynch, 38 Cal. 528.) 

Practice.—A complaint to recover on the _ stock- 
holder’s liability must state the amount of the whole 
number of shares subscribed for. (Bidwell v. Bab- 
cock, 87 Cal. 29, 25 Pac. 752; Roebling’s Sons Co. 
vy. Butler, 212 Cal GT, 40) Paces 

As to the form of the complaint generally, see Duke \ 
v. Huntington, 130 Cal. 272, 62 Pac. 510; Whitehurst 
v. Stuart, 129 Cal. 194, 61 Pac. 968. 

The complaint must show affirmatively that the de- 
fendant was a stockholder when the debt was in- 
curred, and a mere allegation that he was a stock- 
holder when the note was executed is insufficient. 


279 ' CONSTITUTION OF 1879. Art. XII, § 4 


(Case Plow Works v. Montgomery, 115 Cal. 380, 47 
Pac. 108.) 

A creditor is not bound to exhaust the remedies 
against the corporation before proceeding against 
the stockholder. (Morrow vy. Superior Court, 64 Cal. 
383, 1 Pac. 354.) 

The provisions of this section do not oust a court 
of equity of jurisdiction to compel stockholders to 
pay for the benefit of creditors the amount of the 
capital stock subscribed for by them. (Harmon vy. 
Page, 62 Cal. 448.) 

Although the liability of the stockholder is that of 
an original debtor, it is proper to plead the debt as 
that of the corporation. (Knowles v. Sanderecock, 107 
Cal. 629, 40 Pac. 1047.) 

Where one stockholder pays a note of the corpora- 
tion, and sues the other stockholders for contribu- 
tion, the superior court has no jurisdiction, if the 
several amounts asked against each stockholder are 
less than three hundred dollars. (Myers v. Sierra 
Valley etc. Co., 122 Cal. 669, 55 Pac. 689.) 


LIABILITY OF DIRECTORS.—This provision only 
applies to such misappropriations of moneys as are 
similar to embezzlement, consisting of the misappro- 
priations of funds intrusted to an officer for a par- 
ticular purpose, by devoting them to some unauthor- 
ized purpose, and does not apply to the payment 
of an extravagant price for services or materials 
properly appertaining to the business of the corpora- 
tion. (Fox y. Hale & Noreross ete. Min. Co., 108 Cal. 
369, 41 Pac. 308.) 

An action at law on behalf of one or more of the 
creditors of a corporation cannot be sustained under 
the provision as to the liability of directors, but the 
only proper remedy is a bill in equity where all the 
creditors are parties, or are represented, and in 
which there can be an accounting after ascertain- 
ment of facts. (Winchester v. Mabury, 122 Cal. 522, 
55 Pac. 393.) 


Sec. 4. The term corporations, as used in this 
article, shall be construed to include all associa- 


Art. XII, §§ 5-7 CONSTITUTION oF 1879. 280 


tions and joint-stock companies having any of 
the powers or privileges of corporations not pos- 
sessed by individuals or partnerships; and all cor- 
porations shall have the right to sue and shall 
be subject to be sued, in all courts, in like cases 
as natural persons. 


Sec. 5. The legislature shall have no power 
to pass any act granting any charter for banking 
purposes, but corporations or associations may be 
formed for such purposes under general laws. 
No corporation, association, or individual shall 
issue or put in circulation, as money, anything 
but the lawful money of the United States. 


BANKING CORPORATIONS.—A corporation may 
be formed for the purpose of receiving deposits and 
loaning money, and if it does not issue paper to cir- 
culate as money, it is not a bank, although it is called 
such. (Bank of Sonoma v. Fairbanks, 52 Cal. 196.) 

Sections 34 and 35, article 4, of the constitution of 
1849 did not prohibit the formation of banking cor- 
porations for the purpose of deposit and loan, which 
do not issue paper to circulate as money. (Bank of 
Martinez v. Hemme etc. Land Co., 105 Cal. 376, 38 
Pac. 9638.) 


Sec. 6. All existing charters, grants, franchises, 
special or exclusive privileges, under which an 
actual and bona fide organization shall not have 
taken place, and business been commenced in 
good faith, at the time of the adoption of this 
constitution, shall thereafter have no validity. 


Sec. 7% The legislature shall not extend any 
franchise or charter, nor remit the forfeiture of 





a 


Const.: Art. XII, Sec. 5. 
Banking corporations. 

Section 5. The legislature shall have no power to pass any act 
granting any charter for banking purposes, but corporations or 


associations may be formed for such purposes under general laws, 
[and the legislature shall provide for the classification of cities 
and towns by population for the purpose of regulating the busi- 
ness of banking.] No corporation, association, or individual shall 
issue or put in circulation, as money, anything but the lawful 
money of the United States. [Amendment adopted November &, 
1910. ] 





281 CONSTITUTION OF 1879. Art. XII, §§8,9 


any franchise or charter of any corporation now 
existing, or which shall hereafter exist under the 
laws of this state. 

CORPORATE FRANCHISES.—An act waiving a 
right to enforce a forfeiture does not “remit the for- 
feiture,” since there is no forfeiture until the sov- 
ereignty which created the. franchise, by proper 
proceeding in a proper court, procure an adjudication 
of forfeiture, and enforce it. (People v. Los Angeles 
etc. Ry. Co., 91 Cal. 338, 27 Pac. 673.) 

Sec. 8. The exercise of the right of eminent 
domain shall never be so abridged or construed 
as to prevent the legislature from taking the prop- 
erty and franchises of incorporated companies and 
subjecting them to public use the same as the 
property of individuals, and the exercise of the 
police power of the state shall never be so abridged 
or construed as to permit corporations to conduct 
their business in such manner as to infringe the 
rights of individuals or the general well-being 
of the state. 


Sec. 9. No corporation shall engage in any 
business other than that expressly authorized in 
its charter, or the law under which it may have 
been or may hereafter be organized; nor shall it 
hold for a longer period than five years any real 
estate except such as may be necessary for carry- 
ing on its business. 


CORPORATE PURPOSES.—A corporation is for- 
bidden to engage in any business other than is ex- 
pressly authorized in its charter or the law under 
which it is organized. To hold stock in another cor- 


Art. XII, §§ 10,11 coNstTITUTION oF 1879. 282 


poration is to engage in the business of such corpo- 
ration. (i<nowles vy. Sandercock, 107 Cal. 629, 643, 
40 Pac. 1047.) . 

This section does not cause property held in viola- 
tion of it to escheat to the state. (People v. Stock- 
ton Say. ete. Soc, 22 Cal. Dec. 265.) 


Sec. 10. The legislature shall not pass any 
laws permitting the leasing or alienation of any 
franchise, so as to relieve the franchise or prop- 
erty held thereunder from the habilities of the 
lessor or grantor, lessee or grantee, contracted or 
incurred in the operation, use, or enjoyment of 
such franchise, or any of its privileges. 


ALIENATION OF FRANCHISES.—This section 
does not give a personal action against the corpora- 
tion which owned property for an injury which has 
resulted to an employee of a lessee of the owner in 
the use of the property in the hands of the lessee, 
but is designed to subject the franchise and prop- 
erty to liability incurred in its occupation, whether 
the franchise be exercised or the property be used 
by the original owner or the lessee or grantee. (Lee 
v. Southern Pac. R. R. Co., 116 Cal. 97, 47 Paes 932.) 

Sec. 11. No corporation shall issue stock or 
bonds, except for money paid, labor done, or prop- 
erty actually received, and all fictitious increase 
of stock or indebtedness shall be void. The stock 
and bonded indebtedness of corporations shall not 
be increased except m pursuance of general law, 
nor without the consent of the persons holding the 
larger amount in value of the stock, at a meet- 
ing called for that purpose, giving sixty days’ 
public notice, as may be provided by law. 


283 CONSTITUTION OF 1879. Art. XII, §§ 12, 13 


CORPORATE STOCK.—An increase of the capital 
stock of a corporation and the issuing of additional 
shares, to be sold at a price less than the nominal 
par value of the stock, to supply a fund actually re- 
quired for the use of the corporation, is not a ficti- 
tious issuance. (Stein v. Howard, 65 Cal. 616, 4 
P46:5,062.3/0): 

Non-negotiable notes secured by mortgages exe- 
euted by a corporation do not constitute “bonded 
indebtedness” within the meaning of this section. 
(Underhill v. Santa Barbara ete. Imp. Co., 93 Cal. 
200, 28 Pac. 1049.) 


Sec. 12. In all elections for directors or man- 
agers of corporations every stockholder shall have 
the right to vote, in person or by proxy, the num- 
ber of shares of stock owned by him for as many 
persons as there are directors or managers to be 
elected, or to cumulate said shares and give one 
candidate as many votes as the number of directors 
multiplied by the number of his shares of stock 
shall equal, or to distribute them, on the same 
principle, among as many candidates as he shall 
think fit; and such directors or managers shall 
not be elected in any other manner, except that 
members of co-operative societies formed for 
agricultural, mercantile, and manufacturing pur- 
poses, may vote on all questions. affecting such 
societies in manner prescribed by law. 


DIRECTORS.—Under this section all the directors 
must be elected on one ballot. (Wright v. Central 
etc. Water Co., 67 Cal. 532, 8 Pac. 70.) 


See. 13. The state shall not in any manner 
loan its credit, nor shall it subscribe to, or be 


Art. XII, §§ 14, 15 CONSTITUTION OF 1879. | 28+ 


interested in the stock of any company, associa- 
tion, or corporation. 


STATE CREDIT.—This section prohibits the loan- 
ing of public credit for private purposes under any 
circumstances. (Stockton ete. R. R. Co. v. Stockton, 
41 Cal: 147; Ramsey v: Haeger, 76 Ill. 482.) 

It does not prohibit the appropriation of public 
funds to aid a corporation in the construction of 2x 
railroad to be used for military purposes. (People v. 
Pacheco, 27 Cal. 175.) 


Sec. 14. Every corporation other than religious, 
educational, or benevolent, organized or doing 
business in this state, shall have and maintain 
an office or place in this state for the transaction 
of its business, where transfers of stock shall be 
made, and in which shall be kept, for inspection 
by every person having an interest therein, and 
legislative committees, books in which shall be 
recorded the amount of capital stock subscribed, 
and by whom; the names of the owners of its 
stock, and the amounts owned by them respec- 
tively; the amount of stock paid in, and by whom ; 
the transfers of stock; the amount of its assets 
and liabilities, and the names and place of resi- 
dence of its officers. 


Sec. 15. No corporation organized outside the 
limits of this state shall be allowed to transact 
business within this state on more favorable con- 
ditions than are prescribed by law to similar cor- 
porations organized under the laws of this state. 


285 CONSTITUTION OF 1879. Art. XIT, § 16 


FOREIGN CORPORATIONS.—The act of 1880, 
providing for a penalty for failure of the directors 
of a domestic mining corporation to post weekly 
reports, ete., is not in violation of this section. and 
does not relate to the business of the corporation. 
(Miles v. Woodward, 115 Cal. 308, 46 Pac. 1076.) 

This section was not designed to limit the powers 
of the legislature when dealing with the organiza- 
tion and government of corporations which are cre- 
ated by its own will and act. (Miles v. Woodward, 
115 Cal. 308, 46 Pac. 1076.) 

The act of 1876, requiring banking corporations to 
publish and file statements of their assets and lia- 
bilities, applies to foreign corporations. (Bank of 
British North America y. Madison, 99 Cal. 125, 133, 
33 Pac. 762.) 


Sec. 16. A corporation or association may be 
sued in the county where the contract is made or 
is to be performed, or where the obligation or 
liability arises, or the breach occurs; or in the 
county where the principal place of business of 
such corporation is situated, subject to the power 
of the court to change the place of trial as in 
other cases. 


ACTIONS AGAINST CORPORATIONS. — This 
section is merely permissive, and not mandatory. 
(Fresno Nat. Bank v. Superior Court, 83 Cal. 491, 24 
Pac. 157.) 

It applies to actions of tort as well as matters of 
contract. (Lewis v. Southern Pac. R. R. Co., 66 Cal. 
209, 5 Pac. 79:) 

It gives to the plaintiff the right to elect either 
to sue the corporation in the county where the con- 
tract is made, or is to be performed, or where the 
obligation or liability arises, or the breach occurs, or 
in the county where the principal place of business 
of the corporation is situated. (Trezevant v. Strong 
Co., 102 Cal. 47, 386 Pac. 395.) 


Art. XII, §17 CONSTITUTION OF 1879. 286 


The right to sue a corporation in the county 
where the contract was made only applies when the 
corporation is the sole defendant in the case. (Grif- 
fin ete. Co. v. Magnolia ete. Co., 107 Cal. 378, 40 
Pac. 495.) 

An association of persons organized for a particu- 
lar purpose, although not formally a corporation, is 
included in this section. The word ‘association’ 
does not necessarily mean an association possessing 
corporate powers and privileges. (Kendrick y. Dia- 
mond ete. Min. Co., 94 Cal. 1387, 29 Pac. 324.) 

Under this section an action for libel may be main- 
tained in the county in which the plaintiff resides, 
when the newspaper is circulated in that county but 
published in another. (Brady vy. Times-Mirror Co..,. 
106 Cal. 56, 39 Pac. 209.) 

But where the plaintiff sues other persons than 
the corporation publishing the paper, he waives the 
provisions of this section. (Brady v. Times-Mirror — 
Co., 106 Cal. 56, 39 Pac. 209.) 

An action against a corporation for leave to redeem 
real estate is properly brought in the county where 
the real property is situated. (Baker vy. Fireman’s 
Fund Ins...Co:, 73 Cal. 182, 14 Pac. 686.) 

In an action against a corporation for damages for 
breach of contract, the defendant is entitled to a 
change of place of trial to the county in which its 
principal place of business is situated, when the 
county in which the action is brought is not the one 
in which the contract was made, or was to be per- 
formed, or in which the obligation arose, or in which 
the principal place of business is situated. (Cohn 
v. Central Pac. R. R. Co., 71 Cal. 488, 12 Pac. 498.) 


Sec. 17. All railroad, canal, and other trans- 
portation companies are declared to be common 
carriers, and subject to legislative control. Any 
association or corporation, organized for the pur- 
pose, under the laws of this state, shall have the 
right to connect at the state line with railroads 
of other states. Every railroad company shall 


287 CONSTITUTION oF 1879. Art. XII,.§ 18 


have the right with its road to intersect, connect 
‘with or cross any other railroad, and shall re- 
ceive and transport each the other’s passengers, 
tonnage, and cars, without delay or dis¢rimina- 
tion. 

RAILROADS.—The legislature may regulate rail- 
road crossings. (Pittsburgh ete. R. Rk. Co. v. South- 
west etc. Ry. Co., 77 Pa. St. 173.) 

It may require railroad companies to ring a bell 
or sound a whistle at a crossing. (Galena R. R. Co. 
v. Appleby, 28 Ill. 283; Galena R. R. Co. v. Loomis, 
13 Ill. 548.) 

It may regulate the speed of trains in a city. (Chi- 
cago etc. R. R. Co. v. Haggerty, 67 Ill. 1138.) 

It may require them to erect fences and ecattle- 
guards. (Suydam v. Moore, 8 Barb. 358; Waldron v. 
Railroad Co., 8 Barb. 390; New Albany ete. Co. vy. 
Tilton, 12 Ind. 3; Madison etc. R. R. Co. v. White- 
neck, 8 Ind. 217; Ohio etc. R. R. Co. v. McClelland, 
25 Ill. 140; IXansas etc. R. ht. Co. v. Mower, 16 Kan. 
573: Jones vy. G&. ete. R. R. Co.. 16 Towa, 6: Indian- 
apolis R. R. Co. v. Kercheval, 16 Ind. 84; Nichols v. 
Somerset ete. R. R. Co., 48 Me. 356; Winona ete. R. 
R. Co. v. Waldron, 11 Minn. 515; Gorman v. Pacific 
BR. R. Co., 26 Mo. 441; Blair v. M. etc. R. R. Co., 20 Wis. 
254; Pennsylvania R. R. Co. v. Riblet, 66 Pa. St. 164.) 


Sec. 18. No president, director, officer, agent, 
or employee of any railroad or canal company 
shall be interested, directly or indirectly, in the 
furnishing of material or supplies to such com- 
pany, nor in the business of transportation as a 
common carrier of freight or passengers over the 
works owned, leased, controlled, or worked by 
such company, except such interest in the busi- 
ness of transportation as lawfully flows from the 
ownership of stock thercin. 


Art. XIT, §§ 19, 20 CONSTITUTION OF 1879. 288 


Sec. 19. No railroad or other transportation 
company shall grant free passes, or passes or 
tickets at a discount, to any person holding any 
office of honor, trust, or profit in this state; and 
the acceptance of any such pass or ticket, by a 
member of the legislature or any public officer, 
other than railroad commissioner, shall . work a 
forfeiture of his office. 


RAILROAD PASSES.—As to the nature of a pro- 
ceeding to remove an Officer for accepting a railroad | 
pass, see People vy. Superior Court, 114 Cal. 466, 46 
Pac. 383. 


Sec. 20. No railroad company or other com- 
mon carrier shall combine or make any contract 
with the owners of any vessel that leaves port or 
makes port in this state, or with any common 
carrier, by which combination or contract the 
earnings of one doing the carrying are to be 
shared by the other not doing the carrying. 
And whenever a railroad corporation shall, for 
the purpose of competing with any other common 
carrier, lower its rates for transportation of pas- 
sengers or freight from one point to another, 
such reduced rates shall not be again raised or” 
increased from such standard without the consent 
of the governmental authority in which shall be, 
vested the power to regulate fares and freights. 


COMPETITION.—Where a railroad company low- 
ers its passenger rates in order to compete with an- 
other road, and afterward raises them without the 
consent of the railroad commissioners, such com- 








Const.: Art. XII, Sec. 20. 
Rates not to be increased. 

Section 20. [No railroad or other transportation company shall 
raise any rate of charge for the transportation of freight or 
passengers or any charge connected therewith or incidental there- 
to, under any circumstances whatsoever, except upon a showing 


before the railroad commission provided for in this constitution, 
that such increase is justified, and the decision of the said com- 
mission upon the showing so made shall not be subject to review 
by any court except upon the question whether such decision of 
the commission will result in confiscation of property.] [Amend- 
ment adopted October 10, 1911.] 








Const.: Art. XII, Sec. 21. 
Discrimination. forbidden. 

Section 21, No discrimination in charges or facilities for trans- 
portation shall be made by any railroad or other transportation 
company between places or persons, or in the facilities for the 
transportation of the same classes of freight or passengers within 
this [state. It shall be unlawful for any railroad or other trans- 
portation company to charge or receive any greater compensation 
in the aggregate for the transportation of passengers or of like 
kind of property for a shorter than for a longer distance over the 
same line or route in the same direction, the shorter being in- 
cluded within the longer distance, or to charge any greater com- 
pensation as a through rate than the aggregate of the intermediate 
rates. Provided, however, that upon application to the railroad 
commission provided for in this constitution such company may, 
in special cases, after investigation, be authorized by such com- 
mission to charge less for longer than for shorter distances for 
the transportation of persons or property and the railroad com- 
mission may from time to time prescribe the extent to which such 
company may be relieved from the prohibition to charge less for 
the longer than for the shorter haul. The railroad commission 
shall have power to authorize the issuance of excursion and com- 
mutation tickets at special rates. Nothing herein contained shall 
be construed to prevent the railroad commission from ordering and 
compelling any railroad or other transportation company to make 
reparation to any shipper on account of the rates charged to said 
shipper being excessive or discriminatory, provided no discrimina- 
tion will result from such reparation.] [Amendment adopted Oc- 
tober 10, 1911.] 











289 CONSTITUTION OF 1879. Art. XII, §§ 21, 22 


missioners have no jurisdiction to require a restora- 
tion of the lower rate. (Edson vy. Southern Pac. Co., 
21 Cal. Dec. 702.) 

Sec. 21. No discrimination: in charges or 
facilities for transportation shall be made by 
any railroad or other transportation company be- 
tween, places or persons, or in the facilities for 
the transportation of the same classes of freight 
or passengers within this state, or coming from or 
going to any other state. Persons and property 
transported over any railroad, or by any other 
transportation company or individual, shall be de- 
livered at any station, landing, or port, at charges 
not exceeding the charges for the transportation 
of persons and property of the same class, in the 
same direction, to any more distant station, port, 
or landing. Excursion and commutation tickets 
may be issued at special rates. 


FREIGHTS AND FARES.—tThe state has the right 
to regulate the rates to be charged by a railroad for 
the transportation of freight or passengers. (Chi- 
cago ete. R. R. Co. v. Iowa, 94 U. S. 155; Winona 
ete. R. R. Co. v. Blake, 94 U. S. 180; Parke v. Met- 
ropolitan R. R. Co., 109 Mass. 506.) 

The state may impose a penalty for taking unlaw- 
ful toll. (Camden etc. R. R. Co. v: Briggs, 22 N. J. 
L. 623; Norris vy. Androscoggin R. R. Co., 39 Me. 273; 
Chicago ete. R. R. Co. v. People, 67 Ill. 11; Vincent 
v. Chicago etc. R. R. Co., 49 Ill. 33; People v: Chi- 
cago etc. R. R. Co., 55 Ill. 111; Chicago ete. R. R. 
Co. v. People, 56 Ill. 365.) 


Sec. 22. The state shall be divided into three 


districts as nearly equal in population as prac- 
Constitution—25 


Art. XII, §22 constTrTUTION oF 1879. -. $96 


ticable, in each of which one railroad commis- 
sioner shall be elected by the qualified electors 
thereof at the regular gubernatorial elections, 
whose salary shall be fixed by law, and whose 
term of office shall be four years, commencing on 
the first Monday after the first day of January 
next succeeding their election. Said commission- 
ers shall be qualified electors of this state and of 
the district from which they are elected, and 
shall not be interested in any railroad corpora- 
tion, or other transportation company, as stock- 
holder, creditor, agent, attorney or employee; and 
the act of a majority of said commissioners shall 
be deemed the act of said commission. Said com- 
missioners shall have the power, and it shall 
be their duty, to establish rates of charges for 
the transportation of passengers and freight by 
railroad or other transportation companies, and 
publish the same from time to time, with such 
changes, as they may make; to examine the books, 
records, and papers of all railroad and other trans- 
portation companies, and for this purpose they 
shall have power to issue subpoenas and all other 
necessary process; to hear and determine com- 
plaints against railroad and other transporta- 
tion companies, to send for persons and papers, ~ 
_to administer oaths, take testimony, and punish 
for contempt of their orders and processes, in the 
same manner and to the same extent as courts 
of record, and enforce their decisions and cor- 


& 


Const.:, Art. XII, Sec. 22. 

Railroad commission, number, appointment, term, qualifications, 
powers and duties; vacancies. 

Section 22. [There is hereby created a railroad commission which 
shall consist of five members and which shall be Known as the 
railroad commission of the State of California. The commission 
shall be appointed by the governor from the state at large; pro- 
vided, that the legislature, in its discretion, may divide the state 
into districts for the purpose of such appointments, said districts 
to be as nearly equal in population as practicable; and provided 
further that the three commissioners in office at the time this 
section takes effect shall serve out the term for which they were 
elected, and that two additional commissioners shall be appointed 
by the governor immediately after the adopticn of this section, 
to hold office during the same term. Upon the expiration of said 
term, the term of office of each commissioner thereafter shall be 
six years, except the commissioners first appointed hereunder after 
such expiration, one of whom shall be appointed to hold office 
until January 1, 1917, two until January 1, 1919, and two until 
January 1, 1921. Whenever a vacancy in the office of commissioner 
shall occur, the governor shall forthwith appoint a qualified person 
to fill the same for the unexpired term. Commissioners appointed 
for regular terms shall, at the beginning of the term for which 
they are appointed, and those appointed to fill vacancies, shall, 
immediately upon their appointment, enter upon the duties of 
their offices. The legislature shall fix the salaries of the com- 
missioners, but pending such action the salaries of the commis- 
sioners, their officers and employees shall remain as now fixed 
by law. The legislature shall have the power, by a two-thirds 
vote of all members elected to each house, to remove any one or 
more of said commissioners from office for dereliction of duty or 
corruption or incompetency. Al] of said commissioners shall be 
qualified electors of this state, and no person in the employ of 
or holding any official relation to any person, firm or corporation, 
which said person, firm or corporation is subject to regulation by 
said railroad commission and no person owning stock or bonds of 
any such corporation or who is in any manner pecuniarily inter- 
ested therein, shall be appointed to or hold the office of railroad 
commissioner. No vacancy in the commission shall impair the 
right of the remaining commissioners to exercise all the powers of 
the commission. The act of a majority of the commissioners 
when in session as a board shall be deemed to be the act of the 
commission; but any investigation, inquiry or hearing which the 
commission has power to undertake or to hold may be undertaken 
or held by or before any commissioner designated for the purpose 
by the commission, and every order made by a commissioner so 
designated, pursuant to such inquiry, investigation or hearing, 


Awt WIT aaa 


charges for the transportation of passengers and freight “by rail- 
roads and other transportation companies, and no railroad or 
other transportation company shall charge or demand or collect 
or receive a greater or less or different compensation for such 
transportation of passengers or freight, or for any service in con- 
nection therewith, between the points named in any tariff of rates, 
established by said commission, than the rates, fares and charges 
which are specified in such tariff. The commission shall have 

the further power to examine books, records and papers of all rail- 
road and other transportation companies; to hear and determine 
complaints against railroad and other transportation companies; 
to issue subpoenas and all necessary process and send for persons 
and papers and the commission and each of the commissioners 
shall have the power to administer oaths, take testimony and 
‘punish for contempt in the same manner and to the same extent 
as courts of record; the commission may prescribe a uniform sys- 
tem of accounts to be Kept by all railroad and other transportation 
companies. 

[No provision of this constitution shall be construed as a limita- 
tion upon the authority cf the legislature to confer upon the rail- 
road commission additional powers of the same kind or different 
from those conferred herein which are not inconsistent with the 
powers conferred upon the railroad commission in this constitu- 
tion, and the authority of the legislature to confer such additional 
powers is expressly declared to be plenary and unlimited by any 
provision of this constitution. 

[The provisions of this section shall not be construed to repeal 
in whole or in part any existing law not inconsistent herewith, and 
the ‘“‘Railroad Commission Act” of this state approved February 
10, 1911, shall be construed with reference to this constitutional 
provision and any other constitutional provision becoming operative 
concurrently herewith. And the said act shall have the same 
force and effect as if the same had been passed after the 
adoption of this provision of the constitution and of all other pro- 
visions adopted concurrently herewith, except that the three com- 
missioners referred to in said act shal! be held and construed to 
be the flve commissioners provided for herein.] [Amendment 
adopted October 10, 1911.] 


291 CONSTITUTION oF 1879. Art. XII, § 22 


rect abuses through the medium of the courts. 
Said commissioners shall prescribe a uniform sys- 
tem. of accounts to be kept by all such corpora- 
tions and companies. Any railroad corporation 
or transportation company which shall fail or 
refuse to conform to such rates as shall be estab- 
lished by such commissioners, or shall charge rates 
in excess thereof, or shall fail to keep their ac- 
counts in accordance with the system prescribed 
by the commission, shall be fined not exceeding 
twenty thousand dollars for each offense, and 
every officer, agent, or employee of any such cor- 
poration or company, who shall demand or re- 
ceive rates in excess thereof, or who shall in any 
manner violate the provisions of this section, shall 
be fined not exceeding five thousand dollars, or be 
imprisoned in the county jail not exceeding one 
year. In all controversies, civil or criminal, the 
rates of fares and freights established by said com- 
mission shall be deemed conclusively just and 
reasonable, and in any action against such cor- 
poration or company for damages sustained by 
charging excessive rates, the plaintiff, in addition 
to the actual damage, may, in the discretion of the 
judge or jury, recover exemplary damages. Said 
commission shall report to the governor, annually, 
their proceedings, and such other facts as may be 
deemed important. Nothing in this section shall 
prevent individuals from maintaining actions 
against any of such companies. The legislature 


Art. XII, §22 constitution oF 1879. 292 


may,in addition to any penalties herein prescribed, 
enforce this article by forfeiture of charter or 
otherwise, and may confer such further powers on 
the commissioners as shall be necessary to enable 
them to perform the duties enjoined on them in 
this and the foregoing section. The legislature 
shall have power, by a two-thirds vote of all the 
members elected to each house, to remove any one 
or more of said commissioners from office, for 
dereliction of duty, or corruption, or incompe- 
tency; and whenever, from any cause, a vacancy 
in office shall occur in said commission, the gov- 
ernor shall fill the same by the appointment of a 
qualified person thereto, who shall hold office 
for the residue of the unexpired term, and until 
his successor shall have been elected and qualified. 


RAILROAD COMMISSIONERS. — This section 
should be construed to extend the supervision of the 
commission to all persons engaged in the business 
of transportation, whether as corporations, joint-stock 
companies, partnerships, or individuals. (Moran v. 
Ross, 79 Cal. 159, 21 Pac. 547.) 

This section did not repeal section 490 of the Civil 
Code, although that section refers to section 489 of 
the same code, which was superseded by this section. 
(Robinson v. Southern Pac. R. R. Co., 105 Cal. 526, 
38 Pac. 94, 722.) 

A statute may authorize the appointment of com- 
missioners to determine the duties and obligations of 
railroad companies. (Portland R. R. Co. v. Railway 
Co., 46 Me. 69.) 

The commission has no jurisdiction over a street 
railroad corporation operated in a municipality. 
(Board of Railroad Commrs. v. Market St. Ry. Co., 
132 Cal. 67%.) 

The commission has no jurisdiction, upon a com- 


ARTICLE XII. 
Legislature May Invest Railroad Commission With Power to Fix 
Compensation for Taking Public Utility Property. 

Section 23a (new). The railroad commission shall nave and exer- 
cise such power and jurisdiction as shall be conferred upon it by 
the legislature to fix the just compensation to be paid for the taking 
of any property-of a public utility in eminent domain proceedings 


by the state or any county, city and county, incorporated city or 
town, or municipal water district, and the right of the legisla- 
ture to confer such powers upon the railroad commission is hereby 
declared to be plenary and to be unlimited by any provision of 
this constitution. All acts of the legislature heretofore adopted, 
which are in accordance herewith, are hereby confirmed and 
declared valid. (Adopted November 3, 1914.) 








: Pee fitational Amendments, 1915 


ARTICLE XII. | 
| 


Public Utillties—Supervision of—Local Regulation. 

Section 23. Every private corporation, and every individual or 
association of individuals, owning, operating, managing, or con- 
trolling any commercial railroad, interurban railroad, street rail-_ 
road, canal, pipe line, plant, or equipment, or any part of such > 
railroad, canal, pipe line, plant or equipment within this state, for 
the transportation or conveyance of passengers, or express matter, 
or freight of any kind, including crude oil, or for the transmission of 
telephone or telegraph messages, or for the production, generation, | 
transmission, delivery or furnishing of heat, light, water or power | 
or for the furnishing of storage or wharfage facilities, either 
directly or indirectly, to or for the public, and every common) 
carrier, is hereby declared to be a public utility subject to such | 
control and regulation by the railroad commission as may be pro- | 
vided by the legislature, and every class of private corporations, 
individuals, or associations of individuals hereafter declared by 
the legislature to be public utilities shall likewise be subject to 
such control and regulation. The railroad commission shall have 
and exercise such power and jurisdiction to supervise and regu- 
late public utilities, in the State of California, and to fix the rates 
_to be charged for commodities furnished, or services rendered by 
public utilities as shall be conferred upon it by the legislature, 
and the right of the legislature to confer powers upon the rail- 
road commission respecting public utilities is hereby declared to 
be plenary and to be unlimited by any provision of this consti- 
tution. From and after the passage by the legislature of laws 
conferring powers upon the railroad commission respecting public 


utilities, all powers respecting such public utilities vested in 
boards of supervisors, or municipal councils, or other governing > 


bodies of the several counties, cities and counties, cities and 


towns, in this state, or in any commission created by law and 
existing at the time of the passage of such laws, shall cease so 


far as such powers shall conflict with the powers so conferred — 


upon the railroad commission; provided, however, that this section 


shall not affect such powers of control over public utilities as 


relate to the making and enforcement of local, police, sanitary 
and other regulations, other than the fixing of rates, vested in 
any city and county or incorporated city or town as, at an election 
to be held pursuant to law, a majority of the qualified electors of 
such city and county, or incorporated city or town, voting thereon, 
shall vote to retain, and,until such election such powers shall 
continue unimpaired; but if the vote so taken shall not favor the 
continuation of such powers they shall thereafter vest in the 
railroad commission as provided by law; and provided, furtner, 
that where any such city and county or incorporated city or 
town shall have elected to continue any of its powers to make 


and enforce such local, police, sanitary and other regulations, 
other than the fixing of rates, it’ may, by vote of a majority of 
its qualified electors voting thereon, thereafter surrender such 
powers to the railroad commission in the manner prescribed by 
the legislature; and provided, further, that this section shall not 
affect the right of any city and county or incorporated city or 
town to grant franchises for public utilities upon the terms and 
conditions and in the manner prescribed by law. Nothing in this 
section shall be construed as a limitation upon any power con- 
ferred upon the railroad commission by any provision of this 
constitution now existing or adopted concurrently herewith. 
(Adopted November 3, 1914.) 


CONSTITUTIONAL “AMENDMENTS 1910-11 


Const.:” Art: XII, ‘Sec. 23. 

Public utilities defined; power to regulate vested in railroad com- 

. mission. _ ste 
Section 23. Hvery private corporation, and every individual or 
association of individuals, owning, operating, managing, or con- 
trolling any commercial railroad, interurban railroad, street rail- 
road, canal, pipe line, plant, or equipment, or any part of 
such railroad, canal, pipe line, plant~ or equipment within 
this state, for the transportation or conveyance of passen- 
gers, or express matter, or freight of any kind, including 
crude oil, or for the transmission of telephone or telegraph mes- 
sages, or for the production, generation, transmission, delivery 
or furnishing of heat, light, water or power or for the furnishing of 
storage or wharfage facilities, either directly or indirectly, to or 
for the public, and every common carrier, is hereby declared to 
be a public utility subject to such contro] and regulation by the 
railroad commission aS may be provided by the legislature, and 
every class of private corporations, individuals, or associations of 
individuals hereafter declared by the legislature to be public 
utilities shall likewise be subject to such control and regulation. 
The railroad commission shall have and exercise such power and 
jurisdiction to supervise and regulate public utilities, in the State 
of California, and to fix the rates to be charged for commodities 
furnished, or services rendered by public utilities as shall be con- 
ferred upon it by the legislature, and the right of the legislature 
to confer powers upon the railroad commission respecting public 
utilities is hereby declared to be plenary and to be unlimited by 
any provision of this constitution. 

From and after the passage by the legislature of laws confer- 
ring powers upon the railroad commission respecting public utili- 
ties, all powers respecting such public utilities vested in boards of 
supervisors, or municipal councils, or other governing bodies of 
the several counties, cities and counties, cities and towns, in this 
state, or in any commission created by law and existing at the 
time of the passage of such laws, shall cease so far as such 
powers shall conflict with the powers so conferred upon the rail- 
road commission; provided, however, that this section shall not 
affect such powers of control over any public utility vested in 
any city and county, or incorporated city or town as, at an election 
to be held pursuant to laws to be passed hereafter by the legis- 
lature, a majority of the qualified electors voting thereon of such 
city and county, or incorporated city or town, shall vote to retain, 
and until such election such powers shall continue unimpaired; 
put if the vote so taken shall not favor the continuation of such - 
powers they shall thereafter vest in the railroad commission as 
provided by law; and provided, further, that where any such city 
and county or incorporated city or town shall have elected to 


continue any powers respecting public utilities, it may, by vote of 
a majority of its qualified electors voting thereon, thereafter sur- 
render such powers to the railroad commission in the manner to 
be prescribed by the legislature; or if such municipal corporation 
shall have surrendered any powers to the railroad commission, it 
may, by like vote, thereafter reinvest itself with such power. 
Nothing in this section shall be construed as a limitation upon 
any power conferred upon the railroad commission by any pro- 
vision of this constitution now existing or adopted concurrently 
herewith. [Amendment adopted October 10, 1911.] 


293 CONSTITUTION OF 1879. Art. XII, §§ 23, 24 


plaint that a railroad company lowered its passen- 
ger rates in order to compete with another road, and 
afterward raised them without the consent of the 
commission, to require a restoration of the lower rate. 
(Edson vy. Southern Pac. Co., 21 Cal. Dec. 702.) 


Sec. 23. Until the legislature shall district the 
state, the following shall be the railroad districts: 
The first district shall be composed of the counties 
of Alpine, Amador, Butte, Calaveras, Colusa, Del 
Norte, El Dorado, Humboldt, Lake, Lassen, Men- 
docino, Modoc, Napa, Nevada, Placer, Plumas, Sac- 
ramento, Shasta, Sierra, Siskiyou, Solano, Sono- 
ma, Sutter, Tehama, Trinity, Yolo, and Yuba, 
from which one railroad commissioner shall be 
elected. ‘The second district shall be composed 
of the counties of Marin, San Francisco, and San 
Mateo, from which one railroad commissioner 
shall be elected. The third district shall be com- 
posed of the counties of Alameda, Contra Costa, 
Fresno, Inyo, Kern, Los Angeles, Mariposa, Mer- 
ced, Mono, Monterey, San Benito, San Bernardino, 
San Diego, San Joaquin, San Luis Obispo, Santa 
Barbara, Santa Clara, Santa Cruz, Stanislaus, 
Tulare, Tuolumne, and Ventura, from which one 
railroad commissioner shall be elected. 


Sec. 24. The legislature shall pass all laws 
necessary for the enforcement of the provisions 
of this article. 


Art. XIII, §1 CONSTITUTION oF 1879. 294 


ARTICLE XIII. 
REVENUE AND TAXATION. 


§ 1. Taxation to be in proportion to value. 

1%. Churches exempt from taxation. 

Land and improvements to be separately as- 
sessed. 

Sectionized and unsectionized land, how as- 
sessed. 

Securities, taxable. 

Contract of borrower to pay tax on loan void. 

Power of taxation cannot be surrendered. 

Payment of taxes by installments. 

Annual statement of property to be given. 

State board of equalization. 

Property, where assessed. 

Income taxes. 

Ze OLE eLy. 

§ 1234. Young trees and vines exempt from taxation. 

§ 13. Laws to be passed by legislature. 


Cor COD 
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Con 
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jae 


Section 1. All property in the state, not ex- 
empt under the laws of the United States shall 
be taxed in proportion to its value, to be ascer- 
tained as provided by law. The word “property,” 
as used in this article and section, is hereby de- 
clared to include moneys, credits, bonds, stocks, 
dues, franchises, and all other matters and things, 
real, personal, and mixed, capable of private own- 





ARTICLE XIII. 


Revenue and Taxation. 
Section 1. All property in the state except as otherwise in this 
constitution provided, not exempt under the laws of the United 
States, shall be taxed in proportion to its value, to be ascertained 
as provided by law, or as hereinafter provided. The word ‘‘prop- 
erty,’ aS used in this article and section, is hereby declared to 
include moneys, credits, bonds, stocks, dues, franchises, and all 
other matters and things, real, personal, and mixed, capable of 
private ownership; provided, that a mortgage, deed of trust, con- 
tract, or other obligation by which a debt is secured when land 
is pledged as security for the payment thereof, together with the 
money represented by such debt, shall not be considered property 
subject to taxation; and further provided, that property used for | 
free public libraries and free museums, growing crops, property 
used exclusively for public schools, and such as may belong to 
the United States, this state, or to any county, city and cOunty, 
or municipal corporation within this state shall be exempt from 
taxation, except such lands and. the improvements thereon located 
outside of the county, city and county or municipal corpOration 
owning the same as were subject to taxation at the time of the 
acquisition of the same by said county, city and county, or 
municipal corporation; provided, that no improvements of any 
character whatever constructed by any county, city and county 
or municipal corporation shall be subject to taxation. All lands 
or improvements thereon, belonging to any county, city and county 
or municipal corporation, not exempt from taxation, shall be 
assessed by the assessor of the county, city and county or munic- 
ipal corporation in which said lands or improvements are located, 
and said assessment shall be subject to review, equalization and 
adjustment by the state board of equalization. The legislature 
may provide, except in the case of credits secured by mortgage 
or trust deed, for a deduction from credits of debts due to bona 
fide residents of this state. (Adopted November 3, 1914.) 








ee 


Consts.. SATE XTIT. Sec: 1; 

Property to be taxed according to value; exemptions. 

Section 1. All property in the state [except as otherwise in this 
constitution provided,] not exempt under the laws of the United 
States, shall be taxed in proportion to its value, to be ascertained 
as provided by law, [or as hereinafter provided.] The word 
“property,” as used in this article and section, is hereby declared 
to include moneys, credits, bonds, stocks, dues, franchises, and 
all other matters and things, real, personal, and mixed, capable 
of private ownership; [provided, that a mortgage, deed of trust, 
contract, or other obligation by which a debt is secured when 
land is pledged as security for the payment thereof, together with 
the money represented by such debt, shall not be considered 
property subject to taxation; and further] provided, that property 
used for free public libraries and free museums, growing crops, 
property used exclusively for public schools, and such as may 
belong to the United States, this state, or to any county or munici- 
pal corporation within this state shall be exempt from taxation. 
The legislature may provide, except in the case of credits secured 
by mortgage or trust deed, for a deduction from credits of debts 
due to bona fide residents of this state. [Amendment adopted 


November 8, 1911.] 








295 CONSTITUTION OF 1879. Art. XIII, §1 


ership; provided, that property used for free pub- 
lic libraries and free museums, growing crops, 
‘property used exclusively for public schools, and 
such as may belong to the United States, this 
state, or to any county or municipal corporation 
within this state, shall be exempt from taxation. 
The legislature may provide, except in case of 
credits secured by mortgage or trust deed, for a 
deduction from credits of debts due to bona fide 
residents of this state. [Amendment adopted No- 
vember 6, 1894. | 


[ORIGINAL SECTION.] 

Section 1. All property in the state, not exempt un- 
der the laws of the United States, shall be taxed in 
proportion to its value, to be ascertained as provided 
by law. The word “property,” as used in this ar- 
ticle and section, is hereby declared to include 
moneys, credits, bonds, stocks, dues, franchises, and 
all other matters and things, real, personal, and 
mixed, capable of private ownership; provided, that 
growing crops, property used exclusively for public 
schools, and such as may belong to the United States, 
this state, or to any county or municipal corpora- 
tion within this state, shall be exempt from taxation. 
The legislature may provide, except in the case of 
credits secured by mortgage or trust deed, for a de- 
duction from credits of debts due to bona fide resi- 
dents of this state. 


TAXATION—What is.—The provisions of this ar- 
ticle are limitations upon the power of the legisla- 
ture, and are mandatory. (People v. McCreery, 34 
Cai. 452; People v. Gerke, 35 Cal. 677.) 

This section is not self-executing, but merely fixes 
the liability of property to taxation, and the stan- 


Art. XIII, §1  coNstTiTuTIon oF 1879. 296 © 


dard upon which it is based, but confides the duty 
of prescribing the machinery by which to ascertain 
the value to the legislature. (McHenry v. Downer, 
116 Cal. 20, 47 Pae. 779; De Witt v. Hays, 2 Cal. 
463.) 

The power of the legislature in the matter of taxa- 
tion is unlimited, except as restricted by constitu- 
tional provisions, and extends to proceedings for as- 
sessments for local improvements upon any basis of 
apportionment which the legislature may select; and 
the apportionment does not depend upon any spe- 
cial benefit to the taxpayer. (In re Madera Irr. Dist., 
92 Cal. 296, 28 Pac. 272, 675.) 

The provisions of this article have no application 
to assessments for local improvements. (Turlock Irr. 
Dist. v. Williams, 76 Cal. 360, 18 Pac. 379.) 

This provision only applies to direct taxation on 
property as such. (People v. Coleman, 4 Cal. 46.) 

The taxing power is an incident of sovereignty, 
the exercise of which belongs exclusively to every 
state, and attaches alike upon everything which 
comes within its jurisdiction. (People v. Coleman, + 
Cal. 46.) 

A tax is a charge upon persons or property, to 
raise money for public purposes. It is not founded 
upon contract and does not establish the relation of 
debtor and creditor, between the taxpayer and the 
state. (Perry v. Washburn, 20 Cal. 318.) 

The words ‘‘taxation” and ‘“‘taxed” relate to such 
general taxes upon all property as are levied to de- 
fray the ordinary expenses of the state, county, 
town, and municipal governments, and not to assess- 
ments levied on lots fronting on a street to pay the 
expense of its improvement. (Emery vy. San Fran- 
cisco Gas Co., 28 Cal. 345.) 

The words “taxation” and ‘assessment’ do not 
have the same signification. (Taylor v. Palmer, 31 
Cal. 240.) 

“Taxation” is the power to impose taxes upon the 
property of the citizen for the support of the govern- 
ment. (Taylor v. Palmer, 31 Cal. 340; People v. Mc- 
Creery, 34 Cal. 482.) 

The rate of taxation for state purposes must be 
uniform throughout the state. (People v. McCreery, 


ARTICLE XIII. 


Exemption of College Property. 
Section la (new). Any educational institution of collegiate grade, 


within the State of California, not conducted for profit, shall hold 


exempt from taxation its buildings and equipment, its grounds 
within which its buildings are located, not exceeding one hun- 
dred acres in area, its securities and income used exclusively for 
the purposes of education. (Adopted November 3, 1914.) 








297 CONSTITUTION OF 1879. Art. XIII, §1 


34 Cal. 432. People v. Coleman, 4 Cal. 46; High v: 
Shoemaker, 22 Cal. 363, overruled.) 

A charge by the gauger of the port of San I‘ran- 
cisco upon wine, for services as gauger, is not a tax. 
(Addison v. Saulnier, 19 Cal. 82.) 

The provision of the fee bill of 1895, requiring the 
payment of one dollar for each one thousand dollars 
in excess of three,thousand dollars of the appraised 
value of an estate imposes a tax, and is in violation 
of this section in imposing an extraordinary tax in 
addition to the equal and uniform tax to which alone 
property is liable. (Katjo v. Pfister, 117 Cal. 83, 48 
Pac. 1012.) ; 

The act of 1893, imposing a tax of five dollars on 
every hundred dollars of the market value of prop- 
erty collaterally inherited, bequeathed, or devised, 
where its value exceeds five hundred dollars, is con- 
Stitutional. (In re Wilmerding, 117 Cal. 281, 49 Pace. 
481.) 

The collateral inheritance tax is not subject to the 
provision that all property shall be taxed in propor- 
tion to its value, as it is in the nature of an excise 
tax. (In re Wilmerding, 117 Cal. 281, 49 Pac. 181.) 

Property.—Bonds of foreign corporations are as- 
sessable in the state of the owner’s domicile. (Hs- 
tate of Fair, 128.Cal. 607, 61 Pac. 184; Mackay v. San 
Francisco, 128 Cal. 678, 61 Pac. 382.) 

A seat in a stock exchange board is not taxable 
property. (San Francisco v. Anderson, 103 Cal. 69, 
36 Pac. 10384.) 

A mere right of way for a pipe line of a water com- 
pany, entirely unconnected with any privilege to take 
tolls, is not a franchise. (Spring Valley W. W. v. 
Barber, 99 Cal. 36, 33 Pac: 735.) 

Fruit trees are not growing crops within the mean- 
ing of this section, and are subject to taxation. (Cot- 
tle v. Spitzer, 65 Cal. 456, 4 Pac. 485.) 

Stoek of a California corporation, whose tangible 
property is situated in another state, is taxable in 
this state in the possession of a resident of. this 
state. (San Francisco v. Flood, 64 Cal. 504, 2 Pac. 
264; San Francisco v. Fry, 63 Cal. 470.) 

A vessel registered out of the state, and never here 
except transiently in the course of her voyages for 


Art. XIII, §1 constrruTION or 1879. 298 


the purpose of receiving and discharging cargo, is 
not “in the state’ within the meaning of this section, 
although owned in part by residents of this state. 
(San Francisco v. Talbot, 63 Cal. 485.) 

A franchise to collect rates for water is taxable 
under this section. (Spring Valley W. W. v. Schott- 
ler, 62 Cal. 69.) 

The franchise of a railroad company is property 
subject to taxation and is not exempt by reason of its 
being 4 means or instrument employed by Congress 
to carry into operation the powers of the general 
government. (Central Pac. R. R. Co. v. Board of 
Equalization, 60 Cal. 35.) 

The capital or capital stock of a corporation is taxa- 
ble against the corporation. (San Francisco v. Spring 
Valley W. W., 54 Cal. 571.) 

Personal property in the state, owned by nonresi- 
dents, and upon which they pay taxes in the state 
of their domicile, is taxable in this state. (Minturn 
v. Hays, 2 Cal. 590.) 

A municipal corporation has no power to impose a 
license tax upon a railroad company engaged in in- 
terstate commerce, and the mere fact that the tax 
is imposed on a branch line does not render the tax 
valid, where the branch is a part of the transcon- 
tinental line. (San Bernardino v. Southern Pac. Co., 
107 Cal. 524, 40 Pac. 796.) 

The possession of and claim to public land is prop- 
erty. (People v. Black Diamond ete. Min. Co., 37 
Cal. 54; People v. Cohen, 31 Cal. 210.) 

The word “property” is used in its ordinary Made 
popular sense, and includes not only visible and tangi- 
ble property, but also choses in action, such as sol- 
vent debts secured by mortgage. (People v. Eddy, 
483 Cal. 331; Lick v. Austin, 43 Cal. 590; Sav- 
ings ete. Soc. v. Austin, 46 Cal. 415; People v. Ash- 
bury, 46 Cal. 523; San Francisco v. La Societe etc., 
131 Cal. 612. But see Bank of Mendocino vy. Chalfant, 
51 Cal. 369, 471; People v. Hibernia Bank, 51 Cal. 243.) 

This is true although the debts are secured by 
pledge of property exempt from taxation. (Security 
Sav. Bank v. San Francisco, 132 Cal. 599.) 

Money is property subject to taxation. (People ¥. 
Dunn, 59 Cal. 328.) 


299 CONSTITUTION OF 1879. Art. XITI, §1 


Bonds owned by a foreign insurance company do- 
ing business in this state and deposited with a banker 
in pursuance to law are taxable. (People v. Home 
Ins. Co., 29 Cal. 533.) 


Public property.—Public property is not taxable. 
(Doyle v. Austin, 47 Cal. 353; People v. McCreery, 
34 Cal. 482; People v. Doe G. 1,084, 386 Cal. 220.) 

A railroad corporation cannot claim an exemption 
of its property lying within the state from state taxa- 
tion, because the corporation has been subsequently 
employed by the federal government in the carriage 
of mails, munitions of war, etc. (People v. Central 
Pac. R. R. Co., 48 Cal. 398.) 

A railroad company organized under the laws of 
this state to construct and operate a railroad in this 
state,» which has subsequently received from the 
United States a franchise for the same purpose, may 
be assessed upon its franchise derived from the state. 
(People v. Central Pac. R. R. Co., 105 Cal. 576, 38 
Pac. 905; Colusa v. Glenn, 124 Cal. 498, 57 Pac. 477. 
But see People v., Central Pac. R. R. Co., 83 Cal. 
avo, 2o Fac. 303.) 

An act exempting school land and lands of the 
United States from taxation does not render the tax 
unequal. (High v. Shoemaker. 22 Cal. 363.) 

Bonds of the United States are not subject to tax- 
ation. (People v. Home Ins. Co., 29 Cal. 533.) 

A county ordinance imposing a license upon the 
Southern Pacific Railroad Company for carrying 
persons and freight for hire by means of railroad 
ears in the county, is void as a tax upon the use of 
the franchise granted by the United States govern- 
ment. Both the franchise and the use of it are be- 
yond the taxing power of the state. (San Benito Co. 
v. Southern Pac. R. R. Co., 77 Cal. 518, 19 Pac. 827.) 

The Western Union Telegraph Company is one of 
the instruments employed by the United States gov- 
ernment for carrying into effect its sovereign powers, 
and a tax upon its franchise is void. (San Francisco 
v. Western Union Tel. Co., 96 Cal. 140, 31 Pac. 10.) 

Whether or not a federal franchise has been as- 
sessed is a question of fact, and conversations with 
members of the board of equalization on the sub- 
ject are not admissible. (People v. Central Pac. R. 
R. Co., 105 Cal. 576, 38 Pac. 905.) 


Art. XIII, §1  constTiTuTIon oF 1879. 300 


National banks are agencies of the federal gov- 
ernment. and are not subject to the taxing power 
of tre state. (McHenry v. Downer, 116 Cal. 20, 47 
Pac. 779.) 

Taxation of property of a national bank, except 
as permitted by the United States Revised Statutes, 
is void. (First Nat. Bank v. San Francisco, 129 Cal. 
96, 61 Pac. 778; Miller v. Heilbron, 58 Cal. 133.) 


Commerce.—A tax upon every person selling con- 
signed goods from any state in proportion to the 
amount sold is not an interference with the power 
of Congress to regulate commerce. (People v. Cole- 
man, 4 Cal. 46.) 

An act imposing a tax upon bills of lading for the 
transportation of gold or silver from any point in this 
state to any point without the state is in conflict 
with the provision of the United States constitution 
forbidding the states to levy any imposts or duties 
on imports or exports. (Brumagin y. Tillinghast, 
18 Cal. 265.) : 

An act requiring the payment of a gauger for in- 
specting goods arriving at ports of this state is not 
in violation of the United States constitution forbid- 
ding the state to impose duties on imports. (Addison 
v. Saulnier, 19 Cal. 82.) 

An act requiring a shipper to place certain stamps 
on all tickets sold to persons about to leave the 
state is in violation of the commerce clause of the 
United States constitution, and is void. It is a tax 
and not a police regulation. (People v. Raymond, 
34 Cal. 492.) 

Exemptions.—The legislature has no power to ex- 
empt any property from taxation. (Mackay v. San 
Francisco, 113 Cal. 392, 45 Pac. 696; Minturn vy. 
Hays, 2 Cal. 590; People v. McCreery, 34 Cal. 432; 
People v. Black Diamond ete. Min. Co., 37 Cal. 54; 
Crosby v. Lyon, 37 Cal. 242; People v. Eddy, 48 Cal. 
331; People v. Latham, 52 Cal. 598.) 

An act authorizing the remission of a tax is void. 
(Wilson v. Supervisors, 47 Cal. 91.) 

An act taxing the property of a district for a 
local improvement, which exempts personal prop- 
erty from its operation, is unconstitutional, because 
not levied on all the property in the district. (People 
v. Whyler, 41 Cal. 351.) 


801 CONSTITUTION OF 1879. Art. XIII, $1 


The crediting of taxes heretofore paid upon prop- 
erty under an invalid levy does not amount to an 
exemption from taxation of the property upon which 
such taxes were paid. (People v. Latham, 52 Cal. 
598.) 


Double taxation.—The constitution forbids the 
double taxation of property. (Burke v. Badlam, 57 
Cal. 594; Germania Trust Co. v. San Francisco, 128 
Cal. 598, 61 Pac. 178; Estate of Fair, 128 Cal. 607, 61 
Pac. 184.) 

Double taxation does not necessarily consist in as- 
sessing the same property twice to the same person, 
but may consist in requiring a double contribution 
to the same tax on account of the same property, 
though the assessments are to different persons. 
(Germania Trust Co. v. San Francisco, 128 Cal. 589, 
61 Pac. 178; Estate of Fair, 128 Cal. 607, 61 Pac. 184.) 

The inhibition of double taxation only applies to 
such taxation by the same government. (San IFran- 
cisco v. Fry, 638 Cal. 470.) 

Because the same subject matter has been twice 
taxed, it by no means follows that both taxes are 
void, but to entitle a party to relief in the courts, 
it must appear that the tax has been once paid 
or tendered. (Savings ete. Soc. v. Austin, 46 Cal. 
415.) 

If land subject to a mortgage is taxed, and the 
debt secured by the mortgage is also taxed, and the 
tax on the debt is paid by the mortgagee, the mort- 
gagor cannot complain of double taxation. (Lick v. 
Austin, 48 Cal. 590.) 

The levying a tax upon money at interest, as well 
as upon the property mortgaged to secure it, does 
not present a case of double taxation against the 
mortgagee. (People v. Whartenby, 388 Cal. 461.) 

It would be assessing the same property twice 
to assess money on deposit in a savings bank to 
the bank and also to the depositor. (Burke v. Bad- 
lam, 57 Cal. 594.) 

It would be assessing the same property twice 
to assess to a corporation all of its corporate prop- 
erty, and also to assess to each of the stockholders 
the shares held by them. (Burke v. Badlam, 57 Cal. 
594.) 
Constitution—26 


Art. XIII, §1 CONSTITUTION oF 1879. 302 


It is not double taxation to tax the roadbed and 
roadway of a railroad, as they are quite different. 
(San Francisco ete. R. R. Co. v. State Board, 60 Cal. 
12.) 

Where all the property of a corporation has been 
assessed and it owns none of its capital stock, an 
assessment of “capital” or “capital stock” is void.. 
(San Francisco vy. Spring Valley W. W., 63 Cal. 524.) 

An attempt to tax a seat in a stock exchange board, ~ 
in addition to the taxes levied upon all the property of 
the board, is void as an attempt at double taxation. 
(San Francisco v. Anderson, 103 Cal. 69, 36 Pac. 
1034.) 

Since a mortgage is assessed as an interest in the 
land, to also assess the bonds which the mortgage 
secures is double taxation. (Germania Trust Co. v. 
San Francisco, 128 Cal. 589, 61 Pace. 178; Estate 
of Fair, 128 Cal. 607, 61 Pac. 184.) 

The lender of money is not subjected to double 
taxation by reason of the payment of taxes on money 
loaned by him, and on solvent debts due him over 
his own indebtedness. (People v. McCreery, 34 Cal. 
432.) 

The legislature may impose a penalty on those who 
neglect to have their property assessed at the proper 
time; and a law providing for the double taxation 
of property which has escaped assessment in the 
previous year is valid. (Biddle v. Oaks, 59 Cal. 94.) 


Assessment.—Assessment of property is a func- 
tion of the executive department of the government; 
and the judiciary has no power to inquire as to the 
actual value of property for the purpose of taxa- 
tion, in order to determine whether there has been 
misrepresentations as to its value. (Clunie v. Siebe, 
112 Cal. 593, 44 Pac. 1064.) 

The provisions of this section are self-executing, 
and require the assessor to ascertain the value of 
the property in the manner now provided by law. 
(Hyatt v. Allen, 54 Cal. 353.) 

The provision of the former constitution as to the 
election of assessor and tax collector was held man- 
datory, and restrained the legislature to a particular 
mode of providing for such officers. (People v. Kelsey, 
34 Cal. 470.) 


803 CONSTITUTION OF 1879. Art. XIII, §1 


Under ‘the former constitution an assessment not 
made by an assessor elected by the electors of the 
district was void. (Williams vy. Corcoran, 46 Cal. 553.) 

This section does not require the value of the 
property to be found after the rate of taxation is 
fixed. (People v. Latham, 52 Cal. 598.) 

A tax for school purposes must be based upon an 
assessment made by an assessor elected by the quali- 
fied electors of the school district. (People v. Stock- 
ton ete. Co., 49 Cal. 414.) 

The legislature cannot confer on a state board of 
equalization of taxes the power to add to or deduct 
from the assessed value of property, as fixed by 
the assessor. (Houghton v. Austin, 47 Cal. 646.) 

The payment of a tax cannot be resisted on the 
ground that the property on which it was levied 
was not assessed at its true value. One whose prop- 
erty is not assessed according to its true value must 
apply to the board of equalization for relief. (People 
v. Whyler, 41 Cal. 351.) 

The only mode in which defective assessments 
may be cured by the legislature is to empower the 
assessor to correct the same. (People v. Hastings, 34 
Cal. 571.) 

The failure of the assessor to assess certain prop- 
erty, whether by reason of a void statute or by mis- 
take, does not invalidate the assessment. (People v. 
McCreery, 34 Cal. 482.) 

The value of a franchise of a corporation is prop- 
erly fixed by taking the value of all tangible prop- 
erty of the corporation from the market value of 
the capital stock. (Spring Valley W. W. v. Schottler, 
62 Cal. 69.) 

A law providing that taxes upon personal prop- 
erty unsecured by real estate, shall be collected at 
the time of the assessment is valid, although other 
taxes are not payable until several months later. 
(Rode y. Siebe, 119 Cal. 518, 51 Pac. 869, Van Fleet, 
J., and Harrison, J., dissenting; Pacific etc. Go. v. 
Dalton, 119 Cal. 604, 51 Pac. 1072.) 

Purposes.—The extent to which the power of taxa- 
tion may be exercised is left unlimited, except by 
legislative discretion. (Stockton ete. R. R. Co. v. 
Stockton, 41 Cal. 147; Blanding vy. Burr, 13 Cal. 343.) 


Art. XIII, §1 CONSTITUTION oF 1879. 304 


The taxing power, whether it be asserted in the 
form of general taxation or of local assessment, can- 
not be upheld when the purpose in view can be 
judicially seen to be other than public. (In re Market 
Street, 49 Cal. 546.) - 

The legislature may recognize a moral obligation 
as the sole basis for the imposition of taxes. (Beals 
v. Amador County, 35 Cal. 624.) 

Taxation cannot be justified for an object or for 
the benefit of a class in which the taxpayer is di- 
rectly excluded from participating. (Hughes v. Ew- 
ing, 98 Cal. 414, 28 Pac. 1067.) 

Licenses.—A license fee or charge for the trans- 
action of any business is not a tax within the mean- 
ing of this section. (Santa Barbara v. Stearns, 51 
Cal. 499.) 

The constitution does not prohibit the legislature 
from authorizing municipal corporations to tax 
occupations for purpose of revenue. An ordinance 
requiring an annual license of twenty dollars for 
each street-car operated upheld, although the cars 
also ran in an adjoining town. (San Jose v. San 
Jose ete. R. R. Co., 53 Cal. 475. People v. Coleman, 
4 Cal. 46; Sacramento v. Crocker, 16 Cal. 119; Ex 
parte Hurl, 49 Cal. 557, approved.) 

A municipality has no inherent power, by virtue 
of its existence as a municipality, to impose a license 
upon a business, but its power in this respect comes 
from the legislature, and must be found in the or- 
ganie act, or necessarily inferred from the powers 
therein expressly granted. (Hx parte Newton, 53 Cal. 
571.) 

An act prohibiting foreigners from working the 
gold mines, except on condition of paying a certain 
sum each month for the privilege, imposes a license 
and not a tax and is valid. (People v. Naglee, 1 Cal. 
Zon.) 

This provision applies only to direct taxation upon 
property, and does not prohibit the legislature from 
enacting license laws. (People v. Naglee, 1 Cal. 232.) 

Assessments.—The word “assessment” represents 
those local burdens imposed by municipal corpora- 
tions upon property bordering upon an improved 
street, for the purpose of paying the cost of the 


305 CONSTITUTION OF 1879. Art. XIII, §1 


improvement, and laid with reference to the benefit 
the property is supposed to receive from the ex- 
penditure of the money. (Taylor v. Palmer, 31 Cal. 
240.) 

An assessment is a special and local charge upon 
property in the immediate vicinity of municipal im- 
provements, predicated upon the theory of benefits, 
and levied upon land or property specially benefited 
by such improvements, while a charge imposed by 
law upon the assessed value of all property in a 
district is a tax, although for a local improvement. 
(Holly v. Orange County, 106 Cal. 420, 39 Pac. 790.) 

An assessment upon lots adjacent to a street to 
pay for improvements made on the street, if held 
to be a tax, cannot be upheld, because it lacks the 
constitutional requirement of equality and uniform- 
ity. (Creighton v. Manson, 27 Cal. 613. But see 
Walsh v. Mathews, 29 Cal. 124.) 

An assessment by an irrigation district upon the 
public lands of a city, which are unoccupied and 
uncultivated lands, susceptible of cultivation by ir- 
rigation, and which would be benefited thereby, is - 
not a tax within the meaning of this section. (San 
Diego v. Linda Vista Irr. Dist., 108 Cal. 189, 41 Pae. 
291.) 

An assessment levied by an irrigation district, al- 
though referable to the power of taxation, is distinct 
from a tax, and is not subject to the constitutional 
provisions respecting taxation, and may be levied 
upon all real property, without deducting therefrom 
any mortgages thereon. (Tregea v. Owens, 94 Cal. 
317, 29 Pac. 648.) 

An assessment for a street improvement upon the 
front-foot system is an exercise of the power of taxa- 
tion. (Hmery v. San Francisco ete. Co., 28 Cal. 345.) 

This section does not apply to an assessment for 
a street improvement. (Burnett v. Sacramento, 12 
Cal. 76; Doyle v. Austin, 47 Cal. 353; Hagar v. Super- 
visors, 47 Cal. 222; Chambers v. Satterlee, 40 Cal. 497.) 

A charge imposed on all property of a district, 
to be used in constructing levees to protect the dis- 
trict from overflow, is a tax and not an assessment. 
(People v. Whyler, 41 Cal. 351; Williams v. Corcoran, 
46 Cal. 553; Smith v. Farrelly, 52 Cal. 77.) 


Art. XIII, §1 consTrTuTION oF 1879. 306 


An “assessment” for a local improvement is a 
“tax,” and; while it need not be assessed on the 
ad valorem principle, it must be equal and uniform. 
(People v. Lynch, 51 Cal. 15.) 

The fact that a statute designates as a “tax” that 
which in its elements is an “assessment” does not 
make it a “tax.” (Doyle v. Austin, 47 Cal. 353.) 

The legislature cannot levy an assessment not 
uniform and equal, nor can it validate an assess- 
ment void for want of uniformity and equality. (Peo- 
ple v. Lynch, 51 Cal. 15.) 

An assessment cannot be laid upon lots for street 
work done under an abortive contract with the 
municipality. (In re Market Street, 49 Cal. 546.) 

The “front-foot” method of assessment is valid. 
(Oakland ete. Co. v. Rier, 52 Cal. 270; People v. 
Lynch, 51 Cal. 15; Walsh v. Mathews, 29 Cal. 123; 
Hadley v. Dague, 180 Cal. 207, 62 Pac. 500; Cohen 
v.. Alameda, 124 Cal. 504, 57 Pac. 377; Chambers v. 
Satterlee, 40 Cal. 497; Emery v. San Franciseo etc. 
5Jo., 28 Cal. 345; Emery v. Bradford, 29 Cal. 75; Tay- 
lor v. Palmer, 31 Cal. 240; Whiting v. Quackenbush, 
54 Cal. 306; Whiting v. Townsend, 57 Cal. 515; Lent 
v. Tillson, 72 Cal. 404, 14 Pac. 71; Jennings v. Le 
Breton, 80 Cal. 8, 21 Pac. 1127; San Francisco etc. 
Co. v. Bates, 22 Cal. Dec. 302; Banaz v. Smith, 21 
Cal. Dec. 735.) 

An act levying the cost of a street improvement 
upon the adjacent property, in accordance with the 
assessed value of the land, is valid. (Burnett v. 
Sacramento, 12 Cal. 76.) 

The legislature may provide for a local public 
improvement for the benefit of a portion of the 
state, and may tax all land within a limited dis- 
trict, notwithstanding some of the property of the 
district will not receive any benefit, and some prop- 
erty outside of the district may be incidentally bene- 
fited. (In re Madera Irr. Dist., 92 Cal. 296, 28 Pac. 
Zia.) 

An assessment upon specified property can be 
supported only upon the ground that the property 
taxed is benefited by the improvement. (In re Mar- 
ket Street, 49 Cal. 546.) 


Se 


Const.-) “Art, XIII, -Sec. 1%. 

Exemption of discharged soldiers and sailors, etc. 

Section 14 [new]. The property to the amount of one thousand 
dollars of every resident in this state who has served in the army, 
navy, marine corps, or revenue marine service of the United 
States in time of war, and received an honorable discharge there- 
from; or Jacking such amount of property in his own name, so 
much of the property of the wife of any such person as shall be 
necessary to equal said amount; and property to the amount of 
one thousand dollars of the widow resident in this state, or if there 
be no such widow, of the widowed mother resident in this state, 
of every person who has so served and has died either during his 
term of service or after receiving honorable discharge from said 
service; and the property to the amount of one thousand dollars 
of pensioned widows, fathers, and mothers, resident in this state, 
of soldiers, sailors, and marines who served in the army, navy, 
or marine corps, or revenue marine service of the United States, 
shall be exempt from. taxation; provided, that this exemption shall 
not apply “EO ‘any person memiad herein owning property of the 
value of five thousand dollars or more, or where the wife of such 
soldier or sailor owns preperty of the value of five thousand dollars 
or more. No exemption shall be made under the provisions of 
this act of the property of a person who is not a legal resident 
of this state. [New section adopted October ‘10, 1911.] 








307 CONSTITUTION OF 1879. Art. XIII,§1% 


The fact that levees built to protect the land of 
a district from overflow injure some of the land 
instead of benefiting it does not render the tax un- 
equal or void for want of uniformity. (People v. 
Whayler, 41 Cal. 351.) 

A tax levied on the property of a given district, 
to pay for a local improvement, which is assessed 
upon the parcels of property in the district in pro- 
portion to the benefit each parcel derives from the 
work, is unconstitutional. Such tax must be levied 
on all property according to its value. (People v. 
Whyler, 41 Cal. 351.) 

An owner may be made personally liable for the 
expense of a street improvement. (Walsh v. Math- 
ews, 29 Cal. 123. Creighton v. Manson, 27 Cal. 613, 
overruled.) 

An act requiring the owner of a lot to keep the 
Street in front of it in repair after it has been 
planked and graded is valid. (Hart v. Gaven, 12 
Cal. 477.) 

The fact that a town is included within an irriga- 
tion district does not invalidate the district, since 
even though the land is not susceptible of irriga- 
tion, it may be benefited by the improvement. (In 
re Madera Irr. Dist., 92 Cal. 296, 28 Pac. 272.) 


Recovery of taxes.—An action to recover munici- 
pal taxes is an action upon a liability created by 
statute, and is barred in three years; and where it 
has the force of a judgment, it is barred in five 
years. (San Diego v. Higgins, 115 Cal. 170, 46 Pac. 
923.) 


Sec. 14. All buildings, and so much of the 
real property on which they are situated as may 
be required for the convenient use and occupa- 
tion of said buildings, when the same are used 
solely and exclusively for religious worship, shall 
be free from taxation; provided, that no building 
so used which may be rented for religious pur- 
poses and rent received by the owner therefor, 


Art. XIII, §§ 2-4 coNnstTitTuTion oF 1879. 308 


shall be exempt from taxation. [Amendment 
adopted November 6, 1900. | 


See. 2. Land, and the improvements thereon, 
shall be separately assessed. Cultivated and un- 
cultivated land, of the same quality, and similarly 
situated, shall be assessed at the same value. 


ASSESSMENT OF LAND.—An assessment of 
land claimed and occupied by a railroad company 
as a right of way, together with the track and all 
superstructures and substructures, without any sep- 
arate assessment of land and improvement, is void. 
(California ete. R. R. Co. v. Mecartney, 104 Cal. 616, 
38 Pac. 448.) 


Sec. 8. Every tract of land containing more 
than six hundred and forty acres, and which has 
been sectionized by the United States government, 
shall be assessed, for the purposes of taxation, by 
sections or fractions of sections. The legislature 
shall provide by law for the assessment, in small 
tracts, of all lands not sectionized by the United 
States government. 


Sec. 4. A mortgage, deed of trust, contract, 
or other obligation by which a debt is secured, 
shall, for the purposes of assessment and taxation, 
be deemed and treated as an interest in the prop- 
erty affected thereby. Except as to railroad and 
other quasi public corporations, in case of debts 
so secured, the value of the property affected by 
such mortgage, deed of trust, contract, or obliga- 
tion, less the value of such security, shall be as- 








Article XIII, Section 13. 


Sec. 13. All bonds hereafter issued by the 
State of California, or by any county, city and 
county, municipal corporation, or district (in- 
eluding school, reclamation, and irrigation dis- 
tricts) within said state, shall be free and 
exempt from taxation. (Amendment adopted 
November 4, 1902.) ; 


Const.:- Art. - XITT, “Secs 4: 
Section 4. Repealed [November 8, 1910]. 








ARTI Cm Hieexchit: 
xemption of Vessels. 
Section 4 (new). All vessels of more than fifty tons burden regis- 
tered at any port in this state and engaged in the transportation of 


freight or passengers, shall be exempt from taxation except for 
ws state purposes, until and including the first day of January, nine- 
teen hundred thirty-five. (Adopted November 3, 1914.) 





309 CONSTITUTION OF 1879. Art. XIII, § 4 


sessed and taxed to the owner of the property, 
and the value of such security shall be assessed 
and taxed to the owner thereof, in the county, 
city, or district in which the property affected 
thereby is situate. The taxes so levied shall be 
a lien upon the property and security, and may be 
jpaid by either party to such security; if paid by 
the owner of the security, the tax so levied upon 
the property affected thereby shall become a part 
of the debt so secured; if the owner of the prop- 
erty shall pay the tax so levied on such security, 
it shall constitute a payment thereon, and to 
the extent of such payment a full discharge there- 
of; provided, that if any such security or indebt- 
edness shall be paid by any such debtor or debtors, 
after assessment and before the tax levy, the 
amount of such levy may likewise be retained by 
such debtor or debtors, and shall be computed ac- 
cording to the tax levy for the preceding year. 

ASSESSMENT OF MORTGAGES.—A mortgage as 
such is not liable to be assessed, but the assess- 
ment should be made of the debt which the mort- 
gage was given to secure. (People v. Eastman, 25 
Cal. 601.) 

The provisions of this section apply to mortgages 
executed prior to the adoption of the constitution. 
{McCoppin v. McCartney, 60 Cal. 367.) 

Where a mortgage executed prior to the new con- 
stitution made no provision as to who should pay 
the taxes, the mortgagee is made primarily liable for 
them by this section. (Hay v. Hill, 65 Cal. 383, 4 
Pac. 3878.) 

An assessment levied by an irrigation district may 
be levied upon all lands, without deducting there- 


from any mortgages thereon. (Tregea v. Owens, 94 
Cal. 317, 29 Pac. 643.) 


Art. XIII, §4 cONSTITUTION oF 1879. 310 


Whether the loan secured by the stocks and bonds 
is or is not an interest in the “property affected 
thereby” for the purpose of taxation within the 
meaning of this section, and conceding that the 
stocks and bonds may be exempt from taxation, the 
debt secured thereby for money loaned is not ex- 
empt, but may be taxed to the lender. (Savings ete. 
Soe. v. San Francisco, 131 Cal. 356.) ’ 

A mortgage is not “real estate,” except for the 
purpose of taxation. The mortgagor is still the 
owner of the land, and it is subject to liens for 
taxes upon personal property owned by the mort- 
gagor. (California etc. Co. v. Weis, 118 Cal. 489, 50 
PAG Ook) : 

An assessment of a “mortgage upon the following 
described property, to wit’ (describing the mort- 
gaged premises), is an assessment of the land and 
not merely the mortgage. (Doland v. Mooney, 72 
Cal. 34, 13 Pac. 71.) 

Bonds of a railroad company secured by mort- 
gages of its property within the state are not as- 
sessable to the holder of the bonds. (Germania ete. 
Co. v. San Francisco, 128 Cal. 589, 61 Pac. 178; Es- 
tate of Fair, 128 Cal. 607, 61 Pac. 184.) 

Receipts for taxes on mortgaged lands found in 
the possession of the deceased mortgagee raise a 
presumption that the taxes were paid by him, though 
they are in the name of the mortgagor. (Lloyd v. 
Davis, 123 Cal. 348, 55 Pac. 1003.) 

The last clause of this section gives the mort- 
gagor an exclusive remedy, and, if he fails to retain 
the money, he cannot recover it from the mort- 
gagee. (San Gabriel Co. v. Witmer Co., 96 Cal. 623, 
29 Pac. 500, 31 Pac. 588.) 

The property of railroad and other quasi public 
corporations is subject to taxation, without deduc- 
tion of any mortgage or other like lien thereon. 
(Central Pac. R. R. Co. vy. Board of Equalization, 
60 Cal. 35.) 

The provision of this section taxing property of 
quasi public corporations, without deduction of liens 
thereon, is not in conflict with the provision of the 
United States constitution that no state shall “deny 
any person within its jurisdiction the equal protec- 


ait CONSTITUTION OF 1879. Art. XIII, §5 


tion of the laws,” since that provision does not 
apply to artificial persons. (Central Pac. R. R. Co. 
v. Board of Equalization, 60 Cal. 35.) 


Sec. 5. Every contract hereafter made, by 
which a debtor is obligated to pay any tax or as- 
sessment on money loaned, or on any mortgage, 
deed of trust, or other lien, shall, as to any in- 
terest specified therein, and as to such tax or as- 
sessment, be null and void. 


PAYMENT OF TAXES ON MORTGAGES.—This 
section only applies to contracts made after its 
adoption. (Beckman v. Skaggs, 59 Cal. 541.) 

A provision in a mortgage that the mortgagee 
“may pay all taxes, etc., upon the property, and the 
Same shall be repaid with interest thereon at the 
rate of one per cent per month,” does not violate 
this section. (Bank of Ukiah v. Reed, 131 Cal. 597.) 

A contemporaneous agreement between the mort- 
gagor and mortgagee that if the mortgagor should 
present proper official receipts showing the payment 
of the mortgage tax, he should receive credit of two 
and one-half per cent. upon the mortgage note, is 
not in violation of this section, as it is not enforce- 
able against the mortgagor, but simply permissive. 
(Hewitt v. Dean, 91 Cal. 5, 27 Pac. 423.) 

But where a mortgage provides for intcrest of one 
per cent. per month, but the mortgagee, by a sepa- 
rate inslruinent agrees that he will only exact in- 
terest amounting to eight per cent. per annum and 
agrees to refund all interest paid over and above: 
this amount after he has paid out of said one per 
cent. per month the mortgage tax, the two instru- 
ments must be construed together, and, so construed, 
they coustitute an agreement for eight per cent. per 
annum interest, with the mortgagors paying the tax, 
and under this section, such a contract is void. 
(Matthews v. Ormerd, 22 Cal. Dec. 369.) 

A provision in a mortgage that, in case of fore- 
closure, the mortgagee may include all payments 
made by him for the taxes on the mortgage, is void, 


Art. XIII, §§ 6-8 CONSTITUTION oF 1879. 312 


and renders void the mortgage as to the payment 
of interest; but if the mortgagor pays the interest 
he cannot recover it back. (Harralson vy. Barrett, 99 
Cal. 607, 34 Pac. 342; Garms v. Jensen, 103 Cal. 
ai4, 37. Pac.,, 387.) 

Evidence of a parol agreement between the par- 
ties to the mortgage, whereby the mortgagor under- 
took to pay the taxes which might be assessed and 
levied upon the mortgage, is inadmissible. (Daw vy. 
Niles, 104 Cal. 106, 87 Pac. 876; Harrelson vy. Tomich, 
107 Cal. 627, 40 Pac. 1032; California State Bank v. 
Webber, 110 Cal. 538, 42 Pac. 1066.) 

Where a conventional rate of interest is agreed 
upon, a verbal agreement that if the mortgagor 
should pay the taxes on the mortgage, a reduction 
should be allowed upon the agreed interest, is not 
in violation of this provision. (California State 
Bank v. Webber, 110 Cal. 538, 42 Pac. 1066.) 

A contemporaneous agreement by the mortgagor to 
pay the tax on the mortgage is void. (Burbridge v 
Lemmert, 99 Cal. 493, 32 Pac. 310.) 


Sec. 6. The power of taxation shall never be 


surrendered or suspended by any grant or con- 
tract to which the state shall be a party. 


See. %. The legislature shall have the power 
to provide by law for the payment of all taxes 
on real property by installments. 


Sec. 8. The legislature shall by law require 
each taxpayer in this state to make and deliver 
to the county assessor, annually, a statement, un- 
der oath, setting forth specifically all the real and \ 
personal property owned by such taxpayer, or in 
his possession, or under his control, at twelve 
o'clock meridian, on the first Monday of March. 


813 CONSTITUTION OF 1879. Art. XIII, §9 


ASSESSMENT.—A tax must rest upon an assess- 
ment made in the mode prescribed by law, by an 
assessor elected by the qualified electors of the dis- 
trict, county, or town in which the property is taxed. 
(People v. Hastings, 29 Cal. 449.) 

An assessment made by an assessor of the city 
and county of Sacramento is not sufficient basis for 
the levy of a tax in the city of Sacramento for city 
purposes: (People v. Hastings, 29 Cal. 449.) 

The sheriff, as such, cannot perform the duties 
of tax collector. (Lathrop v. Brittain,-30 Cal. 680.) 

The assessment must be made by the assessor, 
and, if not so made, the legislature cannot supply 
the defect by a curative act; but, if the assessment 
is good in substance, any error in mode, form, etc., 
may be remedied by the legislature. (People v. Mc- 
Creery, 34 Cal. 482.) 

Although the legislature cannot by law transfer 
the duties of tax collector from a person elected 
as such to one not so elected, it may provide for 
the election of a person as tax collector who may 
enter upon the discharge of his duties before the 
expiration of the term of a tax collector elected 
under the law as it previously stood. (Mills v. Sar- 
gent, 36 Cal. 379.) 

The provision of section 3633 of the Political 
Code, providing for an arbitrary assessment, is not 
in conflict with this section. (Orena v. Sherman, 
61 Cal. 101.) 

This section only has reference to prospective as- 
sessments, and does not supersede a provision of 
a city charter. (Stockton v. Insurance Co., 73 Cal. 
‘621, 15 Pac. 314,) 


Sec. 9. A state board of equalization, consist- 
ing of one member from cach congressional dis- 
trict in this state, as the same existed in eighteen 
hundred and seventy-nine, shall be elected by the 
qualified electors of their respective districts, at 
the: general election to be held in the year one 
thousand eight hundred and eighty-six, and at 


Constitution—27 


Art. XIII, §9 CONSTITUTION oF 1879. 314 


each gubernatorial election thereafter, whose term 
of office shall be for four years, whose duty it shall 
be to equalize the valuation of the taxable prop- 
erty in the several counties of the state for the 
purposes of taxation. The controller of state 
shall be ex officio a member of the board. The 
boards of supervisors of the several counties of 
the state shall constitute boards of equalization 
for their respective counties, whose duty it shall 
be to equalize the valuation of the taxable prop- 
erty in the county for the purpose of taxation; 
provided, such state and county boards of equal- 
ization are hereby authorized and empowered, un- 
der such rules of notice as the county boards may 
prescribe as to the county assessments, and under 
such rules of notice as the state board may pre- 
scribe as to the action of the state board, to in- 
crease or lower the entire assessment-roll, or any 
assessment contained therein, so as to equalize 
the assessment of the property contained in said 
assessment-roll, and make the assessment conform 
to the true value in money of the property con- 
tained in said roll; provided, that no board of 
equalization shall raise any mortgage, deed of 
trust, contract, or other obligation by which a 
debt is secured, money, or solvent credits, above 
its face value. ‘The present state board of equali- 
zation shall continue in office until their succes- 
sors, as herein provided for, shall be elected and 
shall qualify. The legislature shall have power 


315 CONSTITUTION OF 1879. Art. XIII, §9 


to redistrict the state into four districts, as nearly 
equal in population as practicable, and to pro- 
vide for the election of members of said board 
of equalization. [Ratification declared February 
12, 1885.] 


[ORIGINAL SECTION.] 


Sec. 9. A state board of equalization, consisting of 
one member from each congressional district in this 
state, shall be elected by the qualified electors of 
their respective districts at the general election to be 
held in the year eighteen hundred and seventy-nine, 
whose term of office, after those first elected, shall 
be four years, whose duty it shall be to equalize 
the valuation of the taxable property of the several 
counties in the state for the purposes of taxation. 
The controller of state shall be e# officio a member 
of the board. The boards of supervisors of the sev- 
eral counties of the state shall constitute boards of 
equalization for their respective counties, whose duty 
it shall be to equalize the valuation of the taxable 
property in the county for the purpose of taxation; 
provided, such state and county boards of equaliza- 
tion are hereby authorized and empowered, under 
such rules of. notice as the county boards may pre- 
scribe as to the county assessments, and under such 
rules of notice as the state board may prescribe, as to 
the action of the state board, to increase or lower the 
entire assessment-roll, or any assessment contained 
therein, so as to equalize the assessment of the prop- 
erty contained in said assessment-roll, and make 
the assessment conform to the true value in money 
of the property contained in said roll. 

[An amendment to this section was voted upon No- 
vember 6, 1894, but, although it appears in some 


Art. XIII, §9 CONSTITUTION OF 1879. 316 


publications as having been ratified, it was defeated 
by a vote of 88,605 noes to 86,777 ayes.] 


BOARD OF EQUALIZATION.—It is within the 
constitutional power of the legislature to create a 
state board of equalization. (Savings ete. Soc. v. 
Austin, 46 Cal. 415.) 

Section 1666 of the Political Code is unconstitu- 
tional, in so far as it delegates to the state board of 
equalization the right to fix the rate of taxation 
“after allowing for delinquency in the collection of 
taxes,” because it is a delegation of legislative 
power. (Houghton vy. Austin, 47 Cal. 646. Savings 
ete. Soe. v. Austin, 46 Cal. 415, overruled on this 
point. See, also, Grimm vy. O’Connell, 54 Cal. 522; 
Wills v. Austin, 53 Cal. 152; Harper v. Rowe, 53 
Cal. 233.) 

The state board of equalization has no power to 
make a reassessment and reapportionment of taxes 
upon a railroad for previous years, if the taxes for 
such years were originally validly assessed and ap- 
portioned. (Cclusa’ County v. Glenn County, 124 
Cal. 498, 57 Pac. 477.) 

Mandamus will not lie to compel the assessor to 
assess property in excess of its value, upon the 
ground that it was greatly undervalued in the previ- 
ous fiscal year. (Clunie v. Siebe, 112 Cal. 5938, 44 
Pac. 1064.) 

As to the notice to be given by the board to the 
taxpayer, see Allison Ranch ete. Co. v. Nevada Co., 
104 Cal. 161, 37 Pac. 875. 

Section 3861 of the Political Code, requiring the 
assessor, at the request of the board of equaliza- 
tion, to list and assess property which he has failed 
to assess, is not in conflict with this section, since 
it simply confers an additional power upon the 
board. (Farmers’ ete. Bank v. Board of HEqualiza- 
tion, 97 Cal. 318, 32 Pac. 312.) 

An act authorizing an assessment of taxes, after 
the time within which the board of supervisors can 
meet for the purpose of equalization, is violative 
of this section. (People v. Pittsburg R. R. Co., 67 
Cal. G25, 8: Pae, 381i) 

‘The state board of equalization has power to in- 
crease or lower the assessment-roll of a county so 


317 CONSTITUTION oF 1879. Art. XIII, §9 


as to affect taxes for county purposes. (Baldwin v. 
Ellis, 68 Cal. 495, 9 Pac. 652.) 

The action of the state board of equalization in 
raising the assessment-roll of a county under this 
section operates upon mortgage assessments. 
(Schroeder v. Grady, 66 Cal. 212, 5 Pac. 81.) 

The state board of equalization has no power to in- 
crease the assessment of money, where the money 
is already assessed at its face value. (People v. 
Dunn, 59 Cal. 328.) 

A refusal of a state board of equalization to re- 
duce an assessment does not preclude the board from 
afterward raising the same assessment. (Central 
Pac... R.R.. Co. vy. Placer Co., 46 Cal. 667.) 

The board of equalization has no power to strike 
out from an assessment, made by an assessor, prop- 
erty assessed by him. (People v. Supervisors, 50 
Cal. 282.) 

The board of equalization has no power to cancel 
an assessment for taxes placed by the assessor upon 
the assessment-roll. (People vy. Supervisors, 44 Cal. 
613.) 

The board of equalization, in passing on the ques- 
tion whether an assessment is too high or too low, 
acts in a judicial capacity. (People v. Goldtree, 44 
Cal. 323.) 

A board of equalization acts judicially in raising 
or lowering an assessment, and has no arbitrary 
power of assessment or reassessment. It cannot act 
without a hearing, upon notice given to the person 
assessed, nor change an assessment made by the 
assessor without evidence adduced authorizing such 
change. (Oakland y. Southern Pac. R. R. Co., 131 
Cal. 226.) 

In order to give the board of equalization jurisdic- 
tion to increase the valuation of property assessed, 
the filing of a complaint is necessary. (People v. 
Goldtree, 44 Cal. 323.) 

The state board of equalization cannot delegate 
to its clerk authority to issue orders prolonging the 
time of the sessions of the county boards of equali- 
zation. (Buswell v. Supervisors, 116 Cal. 351, 48 
Pace, 226.) 

The board of equalization may appoint a com- 


Art. XIII, §10 cONSTITUTION OF 1879. 318 


mittee to take testimony as to the valuation of 
property. (People v. McCreery, 34 Cal. 432.) 

The presumption of law is that a board of equaliza- 
tion perform their duty and correct any inequality 
in the assessment of taxes. (Guy v. Washburn, 23 
dcal) 111°) 

The proviso to this section is to be read dis- 
tributively, that is to say, as authorizing the state 
board to increase or lower the entire assessment-roll 
of any county, and the county boards to increase or 
lower the individual assessments of their respective 
counties. The state board, therefore, has no power 
to increase or lower individual assessments; nor has 
2a county board the power to increase.or lower the 
entire assessment-roll. (Wells, Fargo & Co. vy. Board 
of Equalization, 56 Cal. 194; San Francisco ete. 
R. R. Co. v. State Board, 60 Cal. 12.) 

This section does not make it necessary for a county 
board, in a return to a writ of certiorari, to set out 
general rules of notice adopted by the board. (Gar- 
retson v. Santa Barbara, 61 Cal. 54.) 


Sec. 10. All property, except as hereinafter in 
this section provided, shall be assessed in the 
county, city, city and county, town, township, or 
district in which it is situated, in the manner 
prescribed by law. The franchise, roadway, road- 
bed, rails and rolling stock of all railroads operated 
in more than one county in this state shall be as- 
sessed by the state board of equalization, at their 
actual value, and the same shall be apportioned to 
the counties, cities and counties, cities, towns, 
townships, and districts in which such railroads 
are located, in proportion to the number of miles 
of railway laid in such counties, cities and coun- 
ties, cities, towns, townships, and districts. 


Hennings Constitution p. 386. 

see. 104%. [Art. XIII] The personal property of 
every householder to the amount of one hundred 
dollars, the articles to be selected by each house- 


holder, shall be exempt from taxation. 





Const.: Art. XIII, Sec. 10. 


Property, where and how assessed. 
Section 10. All property, except as [otherwise] in this [consti- 


tution] provided, shall be assessed in the county, city, city and 
or district in which it is situatedj 
[Amendment adopted Novemh~ 


county, town [or] township, 
in the manner prescribed by law. 


8, 1910.] 


pe ao 


TIT 


ST SE ae 





319 CONSTITUTION oF 1879. Art. XIII, § 10 


SITUS OF PROPERTY.—This section is self-exe- 
cuting. (San Francisco etc. R. R. Co. v. State Board, 
€0 Cal. 12.) 

It has no relation to the assessment of the prop- 
erty of railroad corporations, operated in more than 
one county. (Central Pac. R. R. Co. v. Board of 
Equalization, 60 Cal. 35.) 

Boards of supervisors of the several counties 
through which run railroads operated in more than 
ene county, have no jurisdiction to raise or lower 
the assessment placed upon the property of such 
roads by the board of equalization. (People v. Sac- 
ramento County, 59 Cal. 321.) 

This section does not in terms require the assessed 
value of the franchise. roadway, roadbed, rails, and 
rolling stock, to be separately apportioned. (San 
Francisco ete. R. R. Co. v. State Board, 60 Cal. 12.) 

Steamers used by a railroad company in transport- 
ing its freight-cars across the bay of San Francisco 
are not included in the property mentioned in this 
section, and should be assessed by the local asses- 
sors, and not by the state board of equalization. 
(San Francisco v. Central Pac. R. R. Co., 63 Cal. 467.) 

A law providing for the assessment and collee- 
tion of taxes upon railroads operating in more than 
one county is valid. (People v. Central Pac. R. R. 
Co., 105 Cal. 576, 38 Pac. 905. People v. Central Pac. 
R. R. Co., 83 Cal. 3938, 23 Pac. 303, overruled.) 

In making a reassessment of railroad taxes, to 
take the place of an invalid assessment of a pre- 
vious year, it is the duty of the board to make the 
apportionment to the counties as they existed at the 
time of the invalid assessment, and not at the time 
of the reassessment. (San Diego County v. River- 
side County, 125 Cal. 495, 58 Pac. 81.) 

For the purpose of taxation, the situs of money 
belonging to the estate of a decedent is in the coun- 
ty where the decedent resided at the time of his 
death, and the situs is not changed by placing the 
money on general deposit in a bank of another 
county. (San Francisco v. Lux, 64 Cal. 481, 2 Pac. 
254.) 

Debts are taxable at the domicile of the creditor. 
{Pacitic ete. Soe. v. San Francisco, 21 Cal. Dec. 705.) 


Art. XIII, §§ 11-18 constrruTion oF 1879. 320 


Sec. 11. Income taxes may be assessed to and 
collected from persons, corporations, joint-stock 
associations, or companies resident or doing busi- 
ness in this state, or any one or more of them, 
in such cases and amounts, and, in such manner, 
as shall be prescribed by law. 


Sec. 12. The legislature shall provide for the 
levy and collection of an annual poll tax of not 
less than two dollars on every male inhabitant of 
this state, over twenty-one and under sixty years 
of age, except paupers, idiots, insane. persons, 
and Indians not taxed. Said tax shall be paid 
into the state school fund. 

SCHOOL TAXES.—A statute authorizing county 
assessors to retain, as their compensation in ceol- 
lecting, fifteen per cent. of all poll taxes collected 
by them, is not in conflict with this section. (San 


Luis Obispo County v. Felts, 104 Cal. 60, 37 Pac. 
780.) 


Sec. 12$. Fruit and nut-bearing trees under 
the age of four years from the time of planting 
in orchard form, and grapevines under the age 
of three years from the time of planting in vine- 
yard form, shall be exempt from taxation, and 
nothing in this article shall be construed as sub- 


jecting such trees and grapevines to taxation. 
[Amendment adopted November 6, 1894. ] 


Sec. 13. The legislature shall pass all laws 
necessary to carry out the provisions of this ar- 
ticle. 





ARTICLE XIII. 
No Poll Tax to Be Levied. 
Section 12. No poll tax or head tax for any purpose whatso- 


ever shall be levied or collected in the State of California. (Adopted 
November 38, 1914.) 





CONSTITUTIONAL AMENDMENTS 1910-11 


il 


- Const.: Art. XIII, Sec. 14. .- 
Taxes for. state purposes; how computed, and what subject to 

_ taxation. 

Section 14 [new]. Taxes levied, assessed and collected as here- 
inafter provided upon railroads, including street railways, whether 
operated in one or more counties; sleeping car, dining car, draw- 
ing-room car and palace car companies, refrigerator, oil, stock, 
fruit, and other car-loaning and other car companies operating 
upon railroads in this state; companies doing express business 
on any railroad, steamboat, vessel or stage line in this state; 
telegraph companies; telephone companies; companies engaged 
in the transmission or sale of gas or electricity; insurance com- 
panies; banks, banking associations, savings and loan societies, 
and trust companies; and taxes upon all franchises of every kind 
and nature, shall be entirely and exclusively for state purposes, 
and shall be levied, assessed and collected in the manner here- 
inafter provided. The word ‘‘companies’’ as used in this section 
shall include persons, partnerships, joint-stock associations, com- 
panies, and corporations. 

(a) All railroad companies, including street railways, whether 
operated in one or more counties; all sleeping car, dining car, 
drawing-room car, and palace car companies, all refrigerator, oil, 
stock, fruit and other car-loaning and other car companies, oper- 
ating upon the railroads in this state; all companies doing ex- 
press business on any railroad, steamboat, vessel or stage line 
in this state; all telegraph and telephone companies; and all 
companies engaged in the transmission or sale of gas or electricity 
shall annually pay to the state a tax upon their franchises, road- 
ways, roadbeds, rails, rolling stock, poles, wires, pipes, canals, 
conduits, rights of way, and other property, or any part thereof, 
used exclusively in the operation of their business in this state, 
computed as follows: Said tax shall be equal to the percentages 
hereinafter fixed upon the gross receipts from operation of such 
companies and each thereof within this state. When such com- 
panies are operating partly within and partly without this state, 
the gross receipts within this state shall be deemed to be all 
receipts on business beginning and ending within this state, and 
a proportion, based upon the proportion of the mileage within 
this state to the entire mileage over which such business is done, 
of receipts on all business passing through, into, or out of this 
state. 

The percentages above mentioned shall be as follows: On all 
railroad companies, including street railways, four per cent; on 
all sleeping car, dining car, drawing-room car, palace car com- 
panies, refrigerator, oil, stock, fruit and other car-loaning and 
other car companies, three per cent; on all companies doing 
express business on any railroad, steamboat, vessel or stage line, 


two per cent; on all telegraph and telephone companies, three 
and one half per cent; on all companies engaged in the trans- 
mission or sale of gas or electricity, four per cent. Such taxes 
shall be in lieu of all other taxes and licenses, state, county and 
municipal, upon the property above enumerated of such  com- 
panies except as otherwise in this section provided; provided, 
that nothing herein shall be construed to release any such com- 
pany from the payment of any amount agreed to be paid or re- 
quired by law to be paid for any special privilege or franchise 
granted by any of the municipal authorities of this state. 

(b) Every insurance company or association doing business in 
this state shall annually pay to the state a tax of one and one 
half per cent upon the amount of the gross premiums received 
upon its business done in this state, less return premiums and 
reinsurance in companies or associations authorized to do busi- 
ness in this state; provided, that there shall be deducted from 
said one and one half per cent upon the gross premiums the 
amount of any county and municipal taxes paid by such com- 
panies on real estate owned by them in this state. This tax 
shall be in lieu of all other taxes and licenses, state, county 
and municipal, upon the property of such companies, except 
county and municipal taxes on real estate, and except as other- 
wise in this section provided; provided, that when by the laws of 
any other state or country, any taxes, fines, penalties, licenses, 
fees, deposits of money, or of securities, or other obligations or 
prohibitions, are imposed on insurance companies of this state, 
doing business in such other state or country, or upon their 
agents therein, in excess of such taxes, fines, penalties, licenses, 
fees, deposits of money, or of securities, or other obligations or 
prohibitions, imposed upon insurance companies of such other 
state or country, so long as such laws continue in force, the 
same obligations and prohibitions of whatsoever kind may be im- 
posed by the legislature upon insurance companies of such other 
state or country doing business in this state. 

(c) The shares of capital stock of all banks, organized under 
the laws of this state, or of the United States, or of any other 
state and located in this state, shall be assessed and taxed to 
the owners or holders thereof by the state board of equalization, in 
the manner to be prescribed by law, in the city or town where the 
bank is located and not elsewhere. There shall be levied and 
assessed upon such shares of capital stock an annual tax, pay- 
able to the state, of one per centum upon the value thereof. 
The value of each Share of stock in each bank, except such as 
are in liquidation, shall be taken to be the amount paid in thereon, 
together with its pro rata of the accumulated surplus and un- 
divided profits. The value of each share of stock in each bank 
which is in liquidation shall be taken to be its pro rata of the 
actual assets of such bank. This tax shall be in lieu of all other 
taxes and licenses, state, county and municipal, upon such shares 
of stock and upon the property of such banks, except county 


and municipal taxes on real estate and except as otherwise in 
this section provided. In determining the value of the capital 
stock of any bank there shall be deducted from the value, as 
defined above, the value, as assessed for county taxes, of any 
real estate, other than mortgage interests therein, owned by 
such bank and taxed for county purposes. The banks shall be 
liable to the state for this tax and the same shall be paid to 
the state by them on behalf of the stockholders in the manner 
and at the time prescribed by law, and they shall have a lien 
upon the shares of stock and upon any dividends declared there- 
on to secure the amount so paid. 

The moneyed capital, reserve, surplus, undivided profits and all 
other property belonging to unincorporated banks or bankers of 
this ‘state, or held by any bank located in this state which has 
no shares of capital stock, or employed in this state by any 
branches, agencies, or other representatives of any banks doing 
business outside of the State of California, shall be likewise 
assessed and taxed to such banks or bankers by the said board 
of equalization, in the manner to be provided by law, and taxed at 
the same rate that is levied upon the Shares of capital stock of 
incorporated banks, as provided in the first paragraph of this 
subdivision. The value of said property shall be determined by 
taking the entire property invested in such business, together 
with all the reserve, surplus, and undivided profits, at their full 
cash value, and deducting therefrom the value as assessed for 
county taxes of any real estate, other than mortgage interests 
therein, owned by such bank and taxed for county purposes. 
Such taxes shall be in lieu of all other taxes and licenses, state, 
county and municipal, upon the property of the banks and bankers 
mentioned in this paragraph, except county and municipal taxes on 
real estate and except as otherwise in this section provided. It is 
the intention of this paragraph that all moneyed capital and prop- 
erty of the banks and bankers mentioned in this paragraph shall 
be assessed and taxed at the same rate as an incorporated bank, 
provided for in the first paragraph of this subdivision. In deter- 
mining the value of the moneyed capital and property of the banks 
and bankers mentioned in this subdivision, the said state board of 
equalization shall include and assess to such banks all property 
and everything of value owned or held by them, which go to make 
up the value of the capital stock of such banks and bankers, if the 
same were incorporated and had shares of capital stock. " 

The word “banks’’ as used in this subdivision shall include bank- 
ing associations, savings and loan societies and trust companies, 
but shall not include building and loan associations. 

(ad) All franchises, other than those expressly provided for in 
this section, shall be assessed at their actual cash value, in the 
manner to be provided by law, and shall be taxed at the rate of 
one per centum each year, and the taxes collected thereon shall be 
exclusively for the benefit of the state. 

(e) Out of the revenues from the taxes provided for in this sec- 


tion, together with all other state revenues, there shall be first set 
apart the moneys to be applied by the state to the support of the 
public school system and the state university. In the event that 
the above named revenues are at any time deemed insufficient to 
meet the annual expenditures of the state, including the. above, 
named expenditures for educational purposes, there may be-levied, 
in the manner to be provided by law, a tax, for state purposes, on 
all the property in the state, including the classes of property 
enumerated in this section, sufficient to meet the deficiency. All 
property enumerated in subdivisions a, b and d of this section shall 
be subject to taxation, in the manner provided by law, to pay the 
principal and interest of any bonded indebtedness created and out- 
standing by any city, city and county, county, town, township or 
district, before the adoption of this section. The taxes so paid for 
principal and interest on such bonded indebtedness shall be de- 
ducted from the total amount paid in taxes for state purposes. 

(f) All the provisions of this section shall be self-executing, and 
the legislature shall pass all laws necessary to carry this section 
into effect, and shall provide for a valuation and assessment of the 
property enumerated in this section, and shall prescribe the duties 
of the state board of equalization and any other officers in connec- 
tion with the administration thereof. The rates of taxation fixed 
in this section shall remain in force until changed by the legisla- 
ture, two-thirds of all the members elected to each of the two 
houses voting in favor thereof. The taxes herein provided for shall 
become a lien on the first Monday in March of each year after the 
adoption of this section and shall become due and payable on the 
first Monday in July thereafter. The gross receipts and gross 
premiums herein mentioned shall be computed for the year ending 
the thirty-first day of December prior to the levy of such taxes and 
the value of any property mentioned herein shall be fixed as of the 
first Monday in March. Nothing herein contained shall affect any 
tax levied or assessed prior to the adoption of this section; and all 
laws in relation to such taxes in force at the time of the adoption 
of this section shall remain in force until changed by the legisla- 
ture. Until the year 1918 the state shall reimburse any and all 
counties which sustain loss of revenue by the withdrawal of rail- 
road property from county taxation for the net loss in county 
revenue occasioned by the withdrawal of railroad property from 
county taxation. The legislature shall provide for reimbursement 
from the general funds of any county to districts therein where 
loss iS occasioned in such districts by the withdrawal from local 
taxation of property taxed for state purposes only. 

(zg) No injunction shall ever issue in any suit, action or proceed- 
ing in any court against this state or against any officer thereof to 
prevent or enjoin the collection of any tax levied under the pro- 
visions of this section; but after payment action may be main- 
tained to recover any tax illegally collected in Such manner and at 
such time as may now or hereafter be provided by law. [New 
section adopted November 8, 1910.] 


321 CONSTITUTION OF 1879. Art. XIV, § 1 


ARTICLE XIV. 
WATER AND WATER RIGHTS. 


Section 1. The use of all water now appropri- 
ated, or that may hereafter be appropriated, for 
sale, rental, or distribution, is hereby declared to — 
be a public use,and subject to the regulation and 
control of the state, in the manner to be pre- 
scribed by law; provided, that the rates or com- 
pensation to be collected by any person, company, 
or corporation in this state for the use of water 
supphed to any city and county, or city or town, 
or the inhabitants thereof, shall be fixed, annually, 
by the board of supervisors, or city and county, 
or city or town council, or other governing body 
of such city and county, or city or town, by 
ordinance or otherwise, in the manner that other 
ordinances or legislative acts or resolutions are 
passed by such body, and shall continue in force 
for one year and no longer. Such ordinances or 
resolutions shall be passed in the month of Feb- 
ruary of each year, and take effect on the first 
day of July thereafter. Any board or body fail- 
ing to pass the necessary ordinances or resolutions 
fixing water rates, where necessary, within such 


Art. XIV,§1 CONSTITUTION OF 1879. $22 


time, shall be subject to peremptory process to 
compel action at the suit of any party interested, 
and shall be liable to such further processes and 
penalties as the legislature may prescribe. Any 
person, company, or corporation collecting water 
rates in any city and county, or city or town in 
this state, otherwise than as so established, shall 
forfeit the franchises and waterworks of such per- 
son, company, or corporation to the city and 
county, or city or town where the same are col- 
lected, for the public use. 


USE OF WATER.—The provisions of this section 
are both self-executing and mandatory. (Spring 
Valley W. W. v. San Francisco, 61 Cal. 18.) 

All the provisions of the constitution in regard to 
water in municipalities must be taken and read 
together, and effect given to each of them. They 
must receive a practical common-sense construction, 
and be considered with reference to the prior state 
of the law, and the mischief intended to be rem- 
edied. (People v. Stephens, 62 Cal. 209.) 

Prior to the adoption of the constitution of 1879, 
the right of laying pipes in the streets of any in- 
corporated city or town for the purpose of supplying 
the inhabitants thereof with water, lay only in grant 
from the legislature. (People v. Stephens, 62 Cal. 
209.) 

This section does not apply to a case of a cor- 
poration which acquires and holds water solely for 
the use of its stockholders. (McFadden y. Los An- 
geles, 74 Cal. 571, 16 Pac. 397.) 

This section has no reference to water furnished 
by a municipality itself, but refers to the rates to 
be collected for water authorized by section 19, arti- 
cle 11, of the constitution, to be introduced into 
cities by individuals or companies incorporated for 
that purpose. (People vy. Stephens, 62 Cal. 209.) 

By this section water is declared to be a publi¢e 
use, subject to the control and regulation of the 


323 CONSTITUTION OF 1879. Art. XIV,§1 


legislature in the manner prescribed by statute; such 
regulation, however, being subject to certain consti- 
tutional provisions, and among them the provision 
in respect to rates. (People v. Stephens, 62 Cal. 209.) 

Under this section the use of water for sale is a 
public use, and the price at which it shall be sold is 
a matter within the power of the board of super- 
visors to determine. (Spring Valley W. W. v. San 
Francisco, 82 Cal. 286, 22 Pac. 910.) l 

This section was not intended to appropriate water 
for the use of the public without compensation. 
(People v. Elk ete. Co., 107 Cal. 221, 40 Pac. 531.) 

When water is designated, set apart, and devoted 
to purposes of sale, rental, or distribution, it is “ap- 
propriated” within the meaning of this section, 
without reference to the mode of its acquisition. 
(Merrill v. Southside Irr. Co., 112 Cal. 426, 44 Pace 
720.) 

Under this section it is made the duty of a water 
company supplying water for distribution, to fur- 
nish water upon tender of the established rates, and 
no other duty than such tender can be lawfully pre- 
scribed or imposed by such company as a condition 
for supplying water as required by law. (Crow v. 
San Joaquin etc. Irr. Co., 180 Cal. 309, 62 Pac. 562.) 

An agreement by a consumer, upon being fur- 
nished water upon credit, that no water need be 
furnished him in succeeding years until such water 
is paid for, is without consideration, it being the 
duty of the company to furnish him the water, 
whether he made such agreement or not. (Crow vy. 
San Joaquin etc. Irr. Co., 1380 Cal. 309, 62 Pac. 562, 
Beatty, C. J., and McFarland, J., dissenting.) 

A person engaged in furnishing water to the in- 
habitants of a city, under a franchise permitting 
him to lay pipes through the streets, cannot without 
reasonable cause shut off the water from one of 
such inhabitants, who is using the same at a fixed 
rate. (McCrary v. Beaudry, 67 Cal. 120, 7 Pac. 264.) 

It was the duty of the legislature to enact all 
needful laws to carry this section into effect; but 
the failure of the legislature to enact such laws could 
not prevent the establishment of the rates required 
to be established by the constitution. (People v. 
Stephens, 62 Cal. 209.) 


Art. XIV,§1 CONSTITUTION OF 1879. 32+ 


The provision of the act of 1858, requiring water 
companies to furnish water free of charge to cities 
and counties, was abrogated by this section. (Spring 
Valley W. W. v. San Francisco, 61 Cal. 18.) 

The act of 1858 providing for the fixing of water 
rates by a commission was superseded by this sec- 
tion of the constitution. (Spring Valley W. W. v. 
San Francisco, 61 Cal. 3.) 

A water company has the right to shut off the 
water from a consumer who refuses to pay for the 
water supplied. (Sheward v. Citizens’ Water Co., 90 
Cal. 635, 27 Pac. 439.) 

Water rates.—By this section the power to fix 
water rates in San Francisco is granted solely to the 
board of supervisors, and the mayor has no power 
to veto an ordinance fixing such rates. (Jacobs v. 
Supervisors, 100 Cal. 121, 34 Pac. 630.) 

The supervisors are not bound to give notice to a 
water company of its intention to fix water rates; 
but they must make a proper effort to procure all 
necessary information, to enable them to act intelli- 
gently and fairly in fixing the rates. (Spring Valley 
W. W. v. San Francisco, 82 Cal. 286, 22 Pac. 910.) 

The proceeding to fix water rates is not adver- 
sary, but is conducted without notice to the rate 
payer or water company. (San Diego Water Co. v. 
San Diego, 118 Cal. 556, 50 Pae. 633.) 

This section is not opposed to the United States 
constitution in not giving the water company notice. 
(San Diego Water Co. v. San Diego, 118 Cal. 556, 
50 Pac. 638.) 

If the board acts arbitrarily, without investiga- 
tion, or without the exercise of judgment and dis- 
cretion, or fixes rates so palpably unreasonable and 
unjust as to amount to arbitrary action, it violates 
its duty and goes beyond the powers conferred upon 
it. (San Diego Water Co. v. San Diego, 118 Cal. 
556, 50 Pac. 6383.) 

Where an ordinance fixing rates does not show 
upon its face that the rates to be collected, where 
the amount of consumption is ascertained by a 
meter, are different from those collected from per- 
sons who are rated by the use to which they apply: 
the water, it will not be held invalid because that 


325 CONSTITUTION OF 1879. Art. XIV, §1 


may be the result. (Sheward vy. Citizens’ Water Co., 
90 Cal. 635, 27 Pac. 489.) 

The action of the city council in fixing rates is 
legislative, and it is to receive all the presumptions 
and sanctions which belong to acts of legislative 
bodies generally; and the rates must be assumed to 
have been so fixed as to be just both toward the 
rate payer and the company. (Sheward vy. Citizens’ 
Water Co., 90 Cal. 635, 27 Pac. 489.) 

An ordinance fixing water rates, and providing 
for meter and house rates at the option of the con- 
sumer, and providing that the meter shall be sup- 
plied at the expense of the water company, is valid. 
(Spring Valley W. W. v. San Francisco, 82 Cal. 286, 
22 Pace. 910.) 

When the constitution provides for the fixing of 
rates, or compensation for the use of water, it means 
reasonable rates and just compensation. (Spring 
Valley W. W. v. San Francisco, 82 Cal. 286, 22 Pac. 
910.) 

The power of regulating rates is not a power of 
eonfiscation, or to take the property of the water 
company without just compensation; and, if the pow- 
er is arbitrarily exercised, without a fair investiga- 
tion, and the rates are so fixed as to render it impos- 
sible to furnish the water without loss, it is not 
above the control of the courts. (Spring Valley W. 
W. v. San Francisco, 82 Cal. 286, 22 Pac. 910.) , 

If the board have fairly investigated and exer- 
cised their discretion in fixing the rates, the courts 
have no right to interfere on the sole ground that, 
in the judgment of the court, the rates fixed are not 
reasonable. (Spring Valley W. W. v. San Francisco, 
82 Cal, 286, 22 Pac. 910.) 

The fixing of water rates is not judicial. (Spring 
Valley W. W. v. Bartlett, 68 Cal. 245.) 

An ordinance establishing water rates, and fixing 
certain rates to be paid by individuals and certain 
rates to be paid by the city, and providing that, if 
the city pays its rates, the rates of the individual 
consumers shall be diminished twenty-five per cent. 
is void, as the city has no power to make such con- 
dition. (San Francisco ete. Factory v. Brickwedel, 
60 Cal. 166.) 

Constitution—28 


Art. XIV, §2 CONSTITUTION OF 1879. 326 


See further as to water rates, notes to section 33, 
article 4 and section’19, article 11. 

Failure to fix rates.—This provision does not au- 
thorize the court by mandamus to compel the board 
to fix the rates, where their action fixing them has 
been vetoed by the mayor. (Jacobs v. Supervisors, 
100 Cal. 121, 34 Pac. 680.) 

An ordinance fixing rates passed subsequently to 
the month of February, and prior to July 1st, when 
it is required to take effect, is equally valid, if passed 
voluntarily, as if passed under peremptory process, 
(Fitch v. Supervisors, 122 Cal. 285, 54 Pac. 901.) 

The provision of this section authorizing the leg- 
islature to prescribe “further processes and penal- 
ties” only authorizes such processes and penalties 
as are within the power of the legislature, in view 
of other limitations of the constitution. (Fitch v. 
Supervisors, 122 Cal. 285, 54 Pac. 901.) 

A taxpayer is not an “interested party” within 
the meaning of this section. (Fitch v. Supervisors, 
122; Cal.) 285,254 Pace e$01.) 

In view of section 20, article 6, the legislature can- 
not authorize the removal of a board of supervisors 
from office for delay in fixing water rates “at the 
suit of any interested party,” or in the name of any 
individual. (Fitch v. Supervisors, 122 Cal. 285, 54 
Pac. 901.) 


Sec. 2. The right to collect rates or compensa- 
tion for the use of water supplied to any county, 
city and county, or town, or the inhabitants there- 
of, is a franchise, and cannot be exercised except 
by authority of and in the manner prescribed 
by law. 


WATER RATES.—The right to collect rates for 
water is a franchise. (Spring Valley W. W. vy. Schot- 
tler, 62 Cal. 69; People v. Stephens, 62 Cal. 209.) 

This section does not take away the right under 
the general law of the land to collect rates or com- 
pensation fixed by contract of the parties for the 


327 : CONSTITUTION oF 1879. Art. XIV, §2 


irrigation of lands, in the absence of a special stat- 
‘ute, or authorized provision, regulating such rates. 
(Fresno Canal etc. Co. v. Park, 129 Cal. 487, 62 Pac. 


87.) 


Art. XV, §§ 1-3 CONSTITUTION OF 1879. 328 


ARTICLE XV. 
HARBOR FRONTAGES, ETC. 


Section 1. The right of eminent domain is 
hereby declared to exist in the state to all front- 
ages on the navigable waters of this state. 


Sec. 2. No individual, partnership, or corpora- 
tion, claiming or possessing the frontage or tidal 
lands of a harbor, bay, inlet, estuary, or other 
navigable water in this state, shall be permitted 
to exclude the right of way to such water when- 
ever it is required for any public purpose, nor 
to destroy or obstruct the free navigation of such 
water; and the legislature shall enact such laws 
as will give the most lberal construction to this 
provision, so that access to the navigable waters 
of this state shall be always attainable for the 
people thereof. 


NAVIGABLE WATERS.—If dams upon  tide- 
water sloughs, though the sloughs be not themselves 
navigable, result in the obstruction of a navigable 
stream, they constitute a public nuisance, and are 
forbidden by this section. (People v. Russ, 132 Cal. 
102.) 


Sec. 3. All tide lands within two miles of any 
incorporated city or town in this state, and front- 


329 CONSTITUTION OF 1879. Art’ xX Vie$a 


-_ 


ing on the waters of any harbor, estuary, bay, or 
inlet used for the purposes of navigation, shall be 
withheld from grant or sale to private persons, 
partnerships, or corporations. 


Art. XVI, §1 CONSTITUTION OF 1879, 330 


ARTICLE XVI. 
STATE INDEBTEDNESS. 


Section 1. The legislature shall not, in any 
manner, create any debt or debts, lability or lia- 
bilities, which shall, singly or in the aggregate 
with any previous debts or liabilities, exceed the 
sum of three hundred thousand dollars, except 
in case of war to repel invasion or suppress in- - 
surrection, unless the same shall be authorized by 
law for some si~gle object or work to be distinctly 
specified therein, which law shall provide ways 
and means, exclusive of loans, for the payment 
of the interest of such debt or liability as it falls 
due, and also to pay and discharge the principal of 
such debt or liability within twenty years of the 
time of the contracting thereof, and shall be ir- 
repealable until the principal and interest thereon 
shall be paid and discharged; but no such law 
shall take effect until, at a general election, it 
shall have been submitted to the people and shall 
have received a majority of all the votes cast for 
and against it at such election; and all moneys 
raised by authority of such law shall be applied 
only to the specific object therein stated, or to 


ont CONSTITUTION OF 1879. Art. XVI, §1 


-the payment of the debt thereby created, and 
such law shall be published in at least one news- 
paper in each county, or city and county, if one 
be published therein, throughout the state, for 
three months next preceding the election at which 
it is submitted to the people. The legislature 
may at any time after the approval of such law 
by the people, if no debt shall have been con- 
tracted in pursuance thereof, repeal the same. 


STATE INDEBTEDNESS.—The political depart- 
ment of the state government is the sole judge of 
the existence of war or insurrection. (Franklin v. 
State Board, 23 Cal..173; People v. Pacheco, 27 Cal. 
175.) 

An appropriation for the purpose of repelling an 
invasion or suppressing insurrection, reciting the ex- 
istence of such war, is conclusive evidence of its 
existence. (People v. Pacheco, 27 Cai. 175; Reis v. 
State, 22 Cal. Dec. 206.) 

The constitution does not impose any limitation 
upon the amount of state indebtedness in case of 
war, to repel invasion or suppress insurrection. 
(franklin vy. State Board, 23 Cal. 173.) 

This section was intended to prevent the state 
from running into debt, and to keep her expendi- 
tures, except in certain cases, within her revenues. 
These revenues may be appropriated in anticipation 
of their receipt as effectually as when actually in 
the treasury. The appropriation of the moneys 
when received meets the services as they are ren- 
dered, thus discharging the liabilities as they arise, 
or rather anticipating and preventing their existence. 
(State v. McCauley, 15 Cal. 429.) 

This provision is an express restriction upon the 
power of the legislature, and there is no power in 
the judiciary to set it aside, whatever inconvenience 
may result from a legitimate application of it. It is 
not simply advisory to the legislature, but is manda- 
tory. (Nougues v. Douglass, 7 Cal. 65.) 


Art. XVI, §1 CONSTITUTION OF 1879. 4 


It includes the necessary and ordinary expenses of 
the state, and includes an expenditure for the erec- 
tion of a state capitol. (Nougues v. Douglass, 7 Cal. 
65.) 

This provision expressly prohibits the legislature 
from creating a debt in any case which shall, in 
the aggregate with previous debts and liabilities of 
the state, exceed the sum of three hundred thousand 
dollars, except for the purposes and in the manner 
herein provided. (People v. Johnson, 6 Cal. 499.) 

This provision is not limited to the power to borrow 
money, but includes all kinds of indebtedness and 
an indebtedness for constructing a road. (People v. 
Johnson, 6 Cal. 499.) 

It does not apply to counties or municipal corpo- 
rations. (Pattison v. Yuba County, 13 Cal. 175.) 

This provision distinguished from the provision of 
the charter of San Francisco'in Argenti v. San 
Francisco, 16 Cal. 255. : 

The act creating the board of state prison com- 
missioners is not in violation of this section, since 
the sums to be paid were to be paid in the future, and 
upon the performance of future services, and until 
such services were performed there was no debt 
against the state. (State v. McCauley, 15 Cal. 429; 
McCauley v. Brooks, 16 Cal. 11.) 

An act providing for the construction of a state 
capitol, and only authorizing the commissioners to 
contract for one hundred thousand dollars, is not 
in violation of this section. (Koppikus y. State 
Capitol Commrs., 16 Cal. 248.) 

An act which appropriates a sum of money for 
the future and directs certain payments to be made 
out of the same at designated periods, from year to 
year, and which imposes a special tax to meet the 
same as they become payable, is valid. (People y. 
Pacheco, 27 Cal. 175.) 


333 CONSTITUTION OF 1879. Art. XVII, § 1 


ARTICLE XVII. 


LAND AND HOMESTEAD EXEMPTION. 


§ 1. Homesteads. 
§ 2. Land monopoly. 
§ 3. Lands granted only to actual settlers. 


Section 1. The legislature shall protect, by 
law, from forced sale a certain portion of the 
homestead and other property of all heads of 
families. 


HOMESTEAD.—The word “homestead” is here 
used in the popular sense, and represents the dwell- 
ing-house at which the family resides, with the usual 
appurtenances, including outbuildings of every kind 
necessary and convenient for family use, and land 
used for the purposes thereof. (Gregg v. Bostwick 
aa; Cal. 220.) 

This section does not itself create, nor does it vest, 
homestead rights in persons falling within the gen- 
eral description. It is merely directory. An act mak- 
ing the failure to file a declaration of homestead a 
forfeiture of the homestead right is valid. (Noble 
v. Hook, 24 Cal. 638.) 

The constitution contemplates legislation to exempt 
the homestead from forced sale, but not to restrain 
voluntary alienation. (Gee v. More, 14 Cal. 472.) 

This provision is inoperative in ‘itself, and looks to 
legislation to determine how far and in what man- 
ner the homestead shall be protected from forced 
sale. (Carey v. Tice, 6 Cal. 625.) 

It looks to the legislature to fix the extent of the 
right and the mode of its protection, with the limita- 


Art. XVII, §§ 2,3 CONSTITUTION OF 1879. 334 


tion of the rights of creditors therein. (Beaton v. 
Reid, 111 Cal. 484, 44 Pac. 167.) 

The constitution is based upon the ‘idea that the 
homestead is to be carved out of the property of the 
husband, or at least out of the common property. 
(Gee v. More, 14 Cal. 472.) 

If in the country, the homestead may include a 
garden or farm; if in a town or city, it may include 
one or more lots or blocks. It need not be compact 
in form, and is not measured by fences merely. The 
only tests are use and value. (Gregg v. Bostwick, 
33 Cal. 220.) 

Statutes for the purpose of carrying out the con- 
stitutional command as to the preservation of the 
homestead for the family are remedial, and should 
be. liberally, or at least fairly and reasonably, and 
not strictly, construed. (Southwick v. Davis, 78 Cal. 
504, 21 Pac. 121.) 


Sec. 2. The holding of large tracts of land, 
uncultivated and unimproved, by individuals or 
corporations, is against the public interest, and 
should be discouraged by all means not incon- 
sistent with the rights of private property. 


TRACTS OF LAND.—This section declares a pol- 
icy against the holding of large tracts of land un- 
cultivated, and this policy should not be limited by 
a narrow construction of the constitution. (Fulton 
v. Brannan, 88 Cal. 454, 26 Pac. 506.) 


Sec. 3. Lands belonging to this state, which 
are suitable for cultivation, shall be granted only 
to actual settlers, and in quantities not exceeding 
three hundred and twenty acres to each settler, 
under such conditions as shall be prescribed by 
law. 


PUBLIC LANDS.—The provision of this section 
that “lands belonging to the state which are suita- 


335 CONSTITUTION OF 1879. Art. XVII, §3 


ble for cultivation, shall be granted only to actual 
settlers,” operates on applications made before as 
well as those made after the constitution took effect. 
(Johnson vy. Squires, 55 Cal. 108; Mosely v. Torrence, 
71 Cal. 318, 12 Pac. 480.) 

An application to purchase state lands made by one 
not an actual settler, before the adoption of the new 
constitution, and who had made no payments there- 
on, conferred no right to purchase such lands after 
the adoption of the constitution. (Urton v. Wilson, 
65 Cal. 11, 2 Pace. 411.) 

A certificate of purchase, obtained before the adop- 
tion of the new constitution, is not impaired by this 
section. (Miller v. Byrd, 90 Cal. 150, 27 Pac. 51.) 

What are public lands.—The phrase, “lands belong: 
ing to the state which are suitable for cultivation,” 
includes all of its lands which are ready for occupa- 
tion, and which, by ordinary farming processes, are 
fit for agricultural purposes. Thus swamp-lands may 
be suitable for cultivation. (Fulton v. Brannan, 88 
Cal. 454, 26 Pac. 506; Goldberg v. Thompson, 96 
Cal. 117, 30 Pac. 1019; MeceNee v. Lynch, 88 Cal. 
519, 26 Pac. 508; McDonald v. Taylor, 89 Cal. 42, 
26 Pac. 595; Belcher v. Farren, 89 Cal. 73, 26 Pac. 
791; Dewar v. Ruiz, 89 Cal. 885, 26 Pac. 832; Manley 
vy. Cunningham, 72 Cal. 236, 138 Pac. 622.) 

The fact that the land is in most places heavily 
covered with redwood timber and brush, that it 
would not, when cleared, produce ordinary agricul- 
tural crops in average quantities, and that it is more 
valuable for timber than for agriculture, does not 
render it unsuitable for cultivation. (Jacobs v. Walk- 
er, 90 Cal. 43, 27 Pac. 48.) 


Actual settlers.—An actual settler is one who es- 
tablishes himself upon the land, or fixes his resi- 
dence upon it, to take possession for his exclusive 
occupancy and use, with a view of acquiring title to 
it by purchase from the state. (Gavitt v. Mohr, 63S 
Cal. 506, 10 Pac. 337.) 

Under this section a claimant to purchase state 
lands which are suitable for cultivation must be 
at the time of his application an actual settler there- 
on. (Gavitt v. Mohr, 68 Cal. 506, 10 Pac. 337.) 


Art. XVII, §3 CONSTITUTION OF 1879. 335 


The fact that an applicant living upon swamp- 
land suitable for cultivation removed his family 
therefrom temporarily, because of the ill-health of a 
member of his family, does not show nor tend to 
show that he was not an actual settler. (Maddux vy. 
Brown, 91 Cal. 523, 27 Pac. 771.) 


837 CONSTITUTION OF 1879. Art. XVIII, §1 


ARTICLE XVIII. 


AMENDING AND REVISING THE CONSTITU- 
TION. 


§ 1. Proposal of amendments—Submission to vote. 
§ 2. Revision—Convention for. 

Section 1. Any amendment or amendments to 
this constitution may be proposed in the senate or 
assembly, and if two-thirds of all the members 
elected to each of the two houses shall vote in 
favor thereof, such proposed amendment or amend- 
ments shall be entered in their journals, with the 
yeas and nays taken thereon; and it shall be the 
duty of the legislature to submit such proposed 
amendment or amendments to the people in such 
manner, and at such time, and after such publi- 
cation as may be deemed expedient. Should more 
amendments than one be submitted at the same 
election they shall be so prepared and distin- 
guished, by numbers or otherwise, that each can 
be voted on separately. If the people shall ap- 
prove and ratify such amendment or amendments, 
or any of them, by a majority of the qualified 
electors voting thereon, such amendment or amend- 
ments shall become a part of this constitution. 

CONSTITUTIONAL AMENDMENTS.—A general 


act as to the submission of constitutional amend- 
Constitution—29 


Art. XVIII, §2 CONSTITUTION OF 1879. 338 


ments is valid; and it is not necessary that an amend- 
ment be submitted specially by the legislature pro- 
posing it. (Martin v. Election Commrs., 126 Cal. 404, 

5o Pac. 932.) 

Where the Political Code provides for the certifica- 
tion of proposed constitutional amendments by the 
secretary of state to the county clerks “not less than 
twenty-five days before election,” and providing for 
the printing of such amendments upon the ballots, 
it is to be presumed that they are to be voted upon 
at the next general election after the proposal of 
the amendment, and this section is sufficiently com- 
plied with. (People v. Curry, 180 Cal. 82, 62 Pac. 
516, Temple, J., and Harrison, J., dissenting.) 

The constitution does not permit the legislature 
to propose an amendment that will not upon its adop- 
tion by the people become an effective part of the 
constitution; nor one which, if ratified, will take 
effect only at the will of other persons, or upon the 
approval of such other persons, or on some specified 
act or condition. (Livermore v. Waite, 102 Cal. 113, 
36 Pac. 424.) 

The constitution can neither be revised nor amend- 
ed, except in the manner prescribed by itself, and 
the power conferred upon the legislature by this sec- 
tion must be Strictly pursued. (Livermore y. Waite, 
102 Cal. 113.) 

The time at which a proposed amendment to the 
constitution is to be submitted to the people for 
ratification must be fixed by an act of the legisla- 
ture, approved by the governor in the same manner 
as other acts. (Hatch v. Stoneman, 66 Cal. 632, 6 
Pac. 784.) 

An amendment need not be entered in the journals 
at length, but it is sufficient if entered by identify- 
ing reference to the title of the amendment. (Thom- 
ason v. Ruggles, 69 Cal. 465, 11 Pac. 20; Oakland 
Pay. Co. v. Tompkins, 72. Cal. 5). 3g2 8 Page 

homason v. AShworth, 73 Cal. 73, 14 Pac. 615. But 
see Oakland Pay. Co. v. Hilton, 69 Cal. 479, 11 Pac. 
3.) , 


Sec. 2. Whenever two-thirds of the members 
elected to each branch of the legislature shall 


839 CONSTITUTION OF 1879. Art. XVIII, § 2 


deem it necessary to revise this constitution, they 
shall recommend to the electors to vote at the 
next general election for or against a convention 
for that purpose, and if a majority of the electors 
voting at such election on the proposition for a 
convention shall vote in favor thereof, the legis- 
lature shall, at its next session, provide by law 
for calling the same. The convention shall con- 
sist of a number of delegates not to exceed that 
of both branches of the legislature, who shall 
be chosen in the same manner, and have the same 
qualifications, as members of the legislature. The 
delegates so elected shall meet within three months 
after their election at such place as the legis- 
lature may direct. At a special election to be 
provided for by law, the constitution that may be 
agreed upon by such convention shall be sub- 
mitted to the people for their ratification or re- 
jection, in such manner as the convention may 
determine. The returns of such election shall, 
in such manner as the convention shall direct, 
be certified to the executive of the state, who 
shall call to his assistance the controller, treasurer, 
and secretary of state, and compare the returns 
so certified to him; and it shall be the duty of 
the executive to declare, by his proclamation, such 
constitution, as may have been ratified by a ma- 
jority of all the votes cast at such special elec- 
tion, to be the constitution of the state of Cali- 
fornia. 


Art. XTX, §1 CONSTITUTION OF 1879. 340 


ARTICLE XIX. 
CHINESE. 


Protection from alien paupers, ete. 
Corporations prohibited from hiring Chinese. 
Public works, Chinese not to be employed on. 
Coolieism prohibited—Removal of Chinese. 


CH Cr Gr Cr 
een ie 


Section 1. The legislature shall prescribe all 
necessary regulations for the protection of the 
state, and the counties, cities, and towns thereof, 
from the burdens and evils arising from the pres- 
ence of aliens who are or may become vagrants, 
paupers, mendicants, criminals, or invalids af- 
flicted with contagious or infectious diseases, and 
from aliens otherwise dangerous or detrimental 
to the well-being or peace of the state, and to 
impose conditions upon which such persons may 
reside in the state, and to provide the means 
and mode of their removal from the state, upon 
failure or refusal to comply with such conditions ; 
provided, that nothing contained in this section 
shall be construed to impair or limit the power 
of the legislature to pass such police laws or other 
regulations as it may deem necessary. 

POLICE REGULATIONS.—A state has the power 


to exclude from its limits paupers, vagabonds, and 
criminals, or sick, diseased, infirm, and disabled per- 


341 CONSTITUTION OF 1879. Art. XIX, §§ 2,3 


sons, who are liable to become a public charge, or 
to admit them only on such terms as will prevent 
the State from being burdened with their support. 
(State v. Steamship Constitution, 42 Cal. 578.) 

The power to exclude from the limits of a state 
persons not paupers, etc., is a regulation of commerce, 
and cannot be exercised by the state. (State vy. 
Steamship Constitution, 42 Cal. 578.) 

An act giving the horticultural commissioners 
power to abate a nuisance caused by insect pests in 
orchards, etc., is authorized by this section. (Los 
Angeles Co. v. Spencer, 126 Cal. 670, 59 Pac. 202% 
Riverside Co. v. Butcher, 22 Cal. Dec. 42.) 

An act requiring all children attending the public 
schools to be vaccinated is authorized by this section. 
(Abeel v. Clark, 84 Cal. 226, 24 Pac. 383.) 

An act levying upon each person of the Mongolian 
race a monthly license tax of two dollars and fifty 
cents for working the mines, or for prosecuting any 
business, is in violation of the commerce clause 
of the United States constitution. (Lin Sing v. Wash- 
burn, 20 Cal. 534.) 

An act forbidding the landing of lewd or debauched 
women within the state is valid. (Ex parte Ah Fook, 
49 Cal. 402.) 


Sec. 2. No corporation now existing or here- 
after formed under the laws of this state, shall, 
after the adoption of this constitution, employ, 
directly or indirectly, in any capacity, any Chinese 
or Mongolian. The ‘legislature shall pass such 
laws as may be necessary to enforce this provision. 


CHINESE LABOR.—This provision of the constitu- 
tion is in conflict with the treaty between the United 
States and China, and is void. (In re Parrott, 1 
Fed. 481. See, also, Baker v. City of Portland, 3 Pac. 
Cc. L. J. 469; Chapman vy. Toy Long, 4 Saw. 28; Ex 
parte Ah Cue, 101 Cal. 197, 35 Pac. 556.) 


See. 3. No Chinese shall be employed on any 
state, county, municipal, or other public work, 
except in punishment for crime. 


Art. XIX, §4 CONSTITUTION OF 1879. 342 


CHINESE EMPLOYMENT.—As to the validity of 
this provision, see Baker y. City of Portland, 3 Pac. 
COwilieds 472, 

Sec. 4. The presence of foreigners ineligible 
to become citizens of the United States is declared 
to be dangerous to the well-being of the state, 
and the legislature shall discourage their immigra- 
tion by all the means within its power. Asiatic 
cooleism is a form of human slavery, and is 
forever prohibited in this state, and all contracts 
for coole labor shall be void. All companies or 
corporations, whether formed in this country or 
any foreign country, for the importation of such 
labor, shall, be subject to such penalties as the 
legislature may prescribe. The legislature shall 
delegate all necessary power to the incorporated 
cities and towns of this state for the removal of 
Chinese without the lmits of such cities and 
towns, or for their location within prescribed por- 
tions of those limits, and it shall also provide the 
necessary legislation to prohibit the introduction 
into this state of Chinese after the adoption of 
this constitution. This section shall be enforced 
by appropriate legislation. 

IMMIGRATION.—As to the validity of legisla- 
tion excluding foreigners, see State v. Steamship 
Constitution, 42 Cal. 578; Lin Sing v. Washburn, 20 
Cal. 534; Ex parte Ah Fook, 49 Cal. 402; In re Par- 
rott, 1 Fed. 481; Baker v. City of Portland, 3 Pac. 


Cc. L. J. 472; Ho Ah Kow v. Nunan, 3 Pac. C. L. J. 
413, 


343 


Or Or Pe 


Cr UR Lr Mr LM GM 


Or Or Mr Mm Lr MG KM 


12. 
13. 
14. 
15. 
16. 
Ue 
18. 
§ 19. 
§ 20. 


CONSTITUTION OF 1879. Art. XX, §1 


ARTICLE XX. 
MISCELLANEOUS SUBJECTS. 


Seat of government. 

Dueling, disabilities arising from. 

Oath of office. 

Election and appointment of officers and com- 
missioners. 

Fiscal year. 

Suits against state. 

Marriage contracts, validity of. 

Separate property of husband and wife. 

Perpetuities not allowed. 

Disqualification for office by giving or taking 
bribe. 

Exclusion from office, jury, and right of suf- 
frage of certain persons—Protection of right 
of suffrage. 

Residence, when absence not to affect. 

Plurality vote to elect. 

State board of health. 

Mechanic’s lien. 

Term of office, duration of. 

Hight hours a legal day’s labor. 

Sex not a disqualification for business. 

Payment of expenses of convention. 

Election of officers—Term, when commences. 


Section 1. The city of Sacramento is hereby 
declared to be the seat of government of this 


Art. XX, § 2 CONSTITUTION OF 1879. 344 


state, and shall so remain until changed by law; 
but no law changing the seat of government shall 
be valid or binding unless the same be approved 
and ratified by a majority of the qualified electors 
of the state voting therefor at a general state 
election, under such regulations and provisions 
as the legislature, by a two-thirds vote of each 
house, may provide, submitting the question of 
change to the people. 


SEAT OF GOVERNMENT.—This section is sub- 
ject to amendment in the Same manner as any other 
part of the constitution. (Livermore y. Waite, 102 
Cal. 118, 86 Pac. 424.) 

The proposed constitutional amendment of 1893 to 
change the seat of government to San Jose was held: 
invalid and ineffective, its operation being limited 
upon the uneertain conditions of the donation to the 
state of not less than ten acres of land, and one 
million dollars in money, and the approval by the 
governor, secretary of state, and attorney general of 
the site so donated. (Livermore v. Waite, 102 Cal. 
113, 36 Pac. | 424.) 

An act making Vallejo the permanent seat of 
government, and providing that one Vallejo should 
give a bond for the performance of the proposition 
which he had submitted to the legislature, and should 
provide a statehouse, and failing to do so, “then 
this act to be void,” is constitutional, and operated 
to change the seat of government and cannot be de- 
feated by the breach of the condition. (People v. Big- 
lers-5. Gal. 25.) 


Sec. 2. Any citizen of this state who shall, 
after the adoption of this constitution, fight a 
duel with deadly weapons, or send or accept a 
challenge to fight a duel with deadly weapons, 
either within this state or out of it, or who shall 


345 CONSTITUTION OF 1879. AttHXX, $3 


act as second, or knowingly aid or assist in any 
manner those thus offending, shall not be allowed 
to hold any office of profit, or to enjoy the right 
of suffrage under this constitution. 


Sec. 38. Members of the legislature, and all 
officers, executive and judicial, except such inferior 
officers as may be by law exempted, shall, before 
they enter upon the duties of their respective of- 
fices, take and subscribe the following oath or 
affirmation : 

“T do solemnly swear (or affirm, as the case 
may be,) that I will support the constitution of 
the United States and the constitution of the 
state of California, and that I will faithfully dis- 
charge the duties of the office of ————, accord- 
ing to the best of my ability.” 

And no other oath, declaration, or test shall 
be required as a qualification for any office or 
public trust. 

OATH OF OFFICE.—The terms “office” and “pub- 
lic trust” have relation to such duties and responsi- 
bilities as are of a public nature. (Ex parte Yale, 24 
Cal. 241.) 

An attorney at law does not hold an “office” or 
“public trust’ within the meaning of this section. 
(Ex parte Yale, 24 Cal. 241; Cohen v. Wright, 22 Cal. 
293.) 

This provision does not prohibit the legislature from 
prescribing an oath to such officers in a different 
form of words from that herein used, if the meaning, 
obiect, and intent of the section be not violated. 
(Cohen v. Wright, 22 Cal. 298.) 

It is competent for the legislature to make the tak- 


ing of the oath of office a condition subsequent. (Ball 
v. Kenfield, 55 Cal. 320.) 


Art. XX, §§ 4,5 CONSTITUTION OF 1879. 346 


It is to be presumed that officers will qualify within 
a reasonable time consistent with their duties. 
(Brodie vy. Campbell, 17 Cal. 11.) 

The provisions of the Purity of Elections Law re- 
quiring a successful candidate for office to support 
his statement of election expenses by his oath, as a 
prerequisite to his right to take office, is in violation 
of this section, as they impose an oath or test sub- 
stantially different from that made exclusive by the 
constitution. (Bradley, v. Clarke, 21 Cal. Dec. 815.) 


Sec. 4. All officers or commissioners whose elec- 
tion or appointment is not provided for by this 
constitution, and all officers or commissioners 
whose offices or duties may hereafter be created 
by law, shall be elected by the people, or appointed, 
as the legislature may direct. 


ELECTION AND APPOINTMENT OF OF- 
FICERS.—This section does not prevent the legisla- 
ture itself from electing an officer created by it. (Peo- 
ple v. Langdon, 8 Cal. 1.) 

The words “elect” and “appoint” are used synony- 
mously in the constitution. (People v. Langdon, 8 
Cal. 1.) : . 

This section does not authorize the legislature to 
exercise the power of appointment to office, if that 
is essentially an executive function, under section 1, 
article 3, of the constitution. (People v. Freeman, 
80 Cal. 2338, 22 Pac. 178.) 

The constitution does not prohibit the legislature 
from conferring on a voluntary association of persons, 
who are not citizens of the United States, nor electors 
of the city, the power to elect a person to fill an office 
created by the legislature. (In re Bulger, 45 Cal. 
553.) 


Sec. 5. The fiscal year shall commence on the 
first day of July. 
FISCAL YEAR.—The fiscal year ends with the 


thirtieth day of June. (Rollins v. Wright, 93 Cal. 
395, 29 Pac. 58.) 


347 CONSTITUTION OF 1879. Art. XX, §§ 6-8 


An act legalizing assessments for taxes for the 
fiscal year ending on the first day of March is not 
void because the constitution provides that the fiscal 
year shall commence on the first day of July, but 
the word “fiscal” in the act may be treated as sur- 
plusage. (People v. Todd, 23 Cal. 181.) 


Sec. 6. Suits may be brought against the state 
in such manner and in such courts as shall be di- 
rected by law. 


Sec. 7. No contract of marriage, if otherwise 
duly made, shall be invalidated for want of con- 
formity to the requirements of any religious sect. 


Sec. 8. All property, real and personal, owned 
by either husband or wife before marriage, and 
that acquired by either of them afterward by gift, 
devise, or descent, shall be their separate prop- 
erty. 


SEPARATE PROPERTY.—The word “separate” 
neither enlarges nor limits her right to the property 
mentioned, but merely distinguishes it from her com- 
mon property. (Dow v. Gould & Curry ete. Min. Co., 
31 Cal. 629.) 

The last clause of the corresponding section of the 
old constitution refers only to the disabilities under 
which the wife labored at common law by reason of 
coverture. (Dow vy. Gould & Curry ete. Min. Co., 
ot(7al.'.629.) 

In the absence of any agreement the husband ac- 
quires no interest in the separate property of the 
wife by bestowing labor upon it. (Lewis v. Johns, 24 
Cal. 98.) 

All property which can be shown by’ satisfactory 
testimony to belong to the separate estate of the wife, 
whether real, personal, or mixed, and all the rents, 
issues and profits thereof, are sacred to the use and 
enjoyment of the wife, and cannot be held to an- 


Art. XX, §§ 9-11 ‘consTITUTION oF 1879. _ 348 


swer for the debts of the husband. (Lewis v. Johns, 
24 Cal. 98.) 

The term “separate property” is used in its com- 
mon-law sense, and by that law “separate property” 
means an estate held, both in its use and fitle, for 
the exclusive benefit of the wife. To give the hus- 
band or his creditors any claim upon the separate 
property of the wife is unconstitutional. (George vy. 
Ransom, 15 Cal. 322.) 

An act requiring a deed conveying the separate 
property of the wife to be signed by the husband is 
not unconstitutional. (Dow vy. Gould & Curry ete. 
Min. .Co.,-31 Cal. 629.) 


Sec. 9. No perpetuities shall be allowed except 
for eleemosynary purposes. 


PERPETUITIES.—Trusts for perpetual charitable 
uses are not in conflict with this section. (Estate of 
Hinckley, 58 Cal. 457.) 

The term “eleemosynary” is not confined to alms- 
giving or charity shown exclusively to the poor, but 
includes all charitable purposes, including schools, 
as well as asylums, hospitals, and religious institu- 
tions. (People v. Cogswell, 113 Cal. 130, 45 Pac. 270.) 

Sec. 10. Every person shall be disqualified from 
holding any office of profit in this state who 
shall have been convicted of having given or 
offered a bribe to procure his election or appoint- 


ment. 


Sec. 11. Laws shall be made to exclude from 
office, serving on juries, and from the right of 
suffrage, persons convicted of bribery, perjury, 
forgery, malfeasance in office, or other high crimes. 
The privilege of free suffrage shall be supported 
by laws regulating elections and prohibiting, un- 


Const.: Art. XX, Sec. 13. 
Election by plurality. 

Section 13. A plurality of the votes given at any election shall 
constitute a choice where not otherwise directed in this constitu- 
tion, [provided that it shall be competent in all charters of cities, 
counties or cities and counties framed under the authority of this 
constitution to provide the manner in which their respective elec- 


tive officers may be elected and to prescribe a higher proportion 
of the vote therefor, and provided also, that it shall be competent 
for the legislature by general law to provide the manner in which 
officers of municipalities organized or Incorporated under general 
flaws may be elected and to prescribe a higher proportion of the 
vote therefor]. [Amendment adopted October 10, 1911.] 








. 


349 CONSTITUTION OF 1879. Art. XN, §§ 12-15 


der adequate penalties, all undue influence there- 
on from power, bribery, tumult, or other improper 
practice. 


BRIBERY.—Where a candidate for office publicly 
pledges himself before the election to perform the du- 
ties of the office for less than the compensation estab- 
lished by law, and by reason thereof a sufficient num- 
ber of voters were induced to vote for him to secure 
him the election, his election is void. (State v. Collier, 
3 Pac. C: L. J. 394; State v. Purdy, 36 Wis. 213.) 

A vote given for a public officer, in consideration 
of his promise, in case he should be elected, to do- 
nate a sum of money or other valuable thing to a 
third party, is void. (Tucker v. Aiken, 7 N. H. 140; 
Alvord vy. Collin, 20 Pick. 428.) 

See, further, State v. Church, 5 Or. 875; Common- 
wealth v. Shaver, 3 Watts & S. 338. 


SUFFRAGE.—This section does not authorize the 
passage of a law curtailing the privilege of free suf- 
frage. (Spier v. Baker, 120 Cal. 370, 52 Pac. 659.) 

See. 12. Absence from this state, on business 
of the state or of the United States, shall not 
affect the question of residence of any person. 


Sec. 13. A plurality of the votes given at any 
election shall constitute a choice, where not other- 
wise directed in this constitution. 


Sec. 14. The legislature shall provide, by law, 
for the maintenance and efficiency of a state board 
of. health. 


" Sec. 15. Mechanics, materialmen, artisans, and 

laborers of every class, shall have a lien upon the 

property upon which they have bestowed labor or 
Constitution—30 


Art. XX, § 16 CONSTITUTION OF 1879.  .- 350 


furnished material for the value of such labor 
done and material furnished; and the legislature 
shall provide, by law, for the speedy and efficient 
enforcement of such liens. 


MECHANICS’: LIENS.—This section is not self- 
executing and is inoperative, except as supplemented 
by legislation. (Spinney vy. Griffith, 98 Cal. 149, 32 
Pac. 974.) 

The constitution by this section has left to the 
legislature the duty of providing for the enforcement 
of these liens. (Morse v. De Ardo, 107 Cal. 622, 40 
Pac. 1018.) | 

The legislature has power to provide that the owner 
shall be liable to materialmen and laborers, unless 
he executes his contract in a certain form, and files it 
in the recorder’s office. (Kellogg v. Howes, 81 Cal. 
170, 22. Pac. 509.) 

This section does not give a lien upon publie build- 
ings or property. (Mayrhofer v. Board of Education, 
89 Cal. 110, 26 Pac. 646.) 

Sections 1183 to 1199 of the Code of Civil Procedure, 
not being inconsistent with this section, remained 
in force after its adoption. (Germania Bldg. ete. 
Assn. v. Wagner, 61 Cal. 349.) 


Sec. 16. When the term of any officer or com- 
missioner is not provided for in this constitution, 
the term of such officer or commissioner may be 
declared by law; and, if not so declared, such 
officer or commissioner shall hold his position as 
such officer or commissioner during the pleasure 
of the authority making the appointment; but 
in no case shall such term exceed four years. | 


TERM OF OFFICE.—This section being a re-enact- 
ment of section 7, article 11, of the former constitu- 
tion, must be construed in the same manner. (People 
v. Edwards, 93 Cal. 153.) : 

The word “duration” signifies extent, limit, or 
time. (People v. Hill, 7 Cal. 97.) 





Const.: Art. XX, Sec. 16. 

Term of office, when not fixed by constitution. 

Section 16. When the term of any officer or commissioner is not 
provided for in this constitution, the term of such officer or com- 
missioner may be declared by law; and, if not so declared, such 
officer or commissioner shall hold his position as such officer or 
commissioner during the pleasure of the authority making the 
appointment; but in no case shall such term exceed four years; 
provided, however, that in the case of any officer or employee of 
any municipality governed under a legally adopted charter, the 
provisions, of such charter with reference to the tenure of office - 
or the dismissal from office of any such officer or employee shall 
control; [and provided further, that the term of office of any per- 
son heretofore or hereafter appointed to hold office or employment 
during good behavior under civil service laws of the state or of 
any political division thereof shall not be limited by this section]. 
[Amendment adopted October 10, 1911.] 





351 CONSTITUTION OF 1879. Art. XX, § 16 


“Good behavior” is not a term within the meaning 
of this section. (Somers y. State, 58 S. Dak. 584.) 

The legislature may direct the time and mode of 
the election of an officer whose term is prescribed by 
the constitution, but cannot change the tenure. (Peo- 
ple vy. Burbank, 12 Cal. 378.) 

Where an officer is appointed for two years, he 
does not hold by the tenure of the approbation of. 
the appointing power. (People v. Reid, 6 Cal. 288.) 

An officer appointed to hold for one year, or until 
his successor should be appointed and qualified, has 
no fixed term, and. he may be removed at any time 
by the appointing power. (Higgins v. Cole, 100 Cal. 
260, 34 Pac. 678.) 

This section refers to officers of statutory creation 
as well as to officers mentioned in the constitution 
itself. (People v. Perry, 79 Cal. 105, 21 Pac. 4238.) 

The commissioners to manage the Yosemite Valley 
are officers of the state within the meaning of this 
section, and their terms expired four years after their 
appointment. (People v. Ashburner, 55 Cal. 517.) 

The commissioners of the funded debt of San Fran- 
cisco were not officers. (People v.. Middleton, 28 Cal. 
603.) 

The members of the board of health of San Fran- 
cisco are officers within the meaning of this section, 
and a statute fixing their term of office at five years 
is unconstitutional and leaves the duration of the 
term unfixed and subject to the pleasure of the gov- 
ernor. (People v. Perry, 79 Cal. 105, 21 Pac. 423.) 

The health inspector of San Francisco is an officer. 
(Patton v. Board of Health, 127 Cal. 388, 59 Pac. 702.) 

As to who are officers generally, see Vaugn v. Eng- 
lish, 8 Cal. 39; Crawford v. Dunbar, 52 Cal. 36; Far- 
rell v. Sacramento, 85 Cal. 408, 24 Pac. 868; State 
v. Brandt, 41 Iowa, 593; Somers v. State, 5 S. Dak. 
584; United States v. Hartwell, 6 Wall. 385; note, 72 
Am. Dec. 179-189; Wright v. Laugenour, 55 Cal. 280; 
Phelps v. Winchomb, 3 Bulst. 77. 

The legislature cannot provide that officers ap- 
pointed by a board shall not be removed without just 
cause, where the duration of their terms is not fixed. 
(People v. Hill, 7 Cal. 97; Smith v. Brown, 59 Cal. 
672; People v. Shear, 15 Pac. 92; Patton vy. Board 
of Health, 127 Cal. 388, 59 Pac. 702.) 


Art. XX, §§ 17, 18 CONSTITUTION OF 1879. B02 


As to whether or not the Civil Service provisions 
of the San Francisco charter are in violation of this 
provision, see Cahen v. Wells, 132 Cal. 447. 

This section must be construed to deny the right 
of removal in those cases where the tenure is de- 
fined by law. (People v. Jewett, 6 Cal. 291.) 

The constitution does not prohibit an office created 
by the legislature from continuing over four years, 
but merely limits the incumbent’s term to four years. 
(People v. Stratton, 28 Cal. 382.) 

This section does not forbid a holding over until 
a successor has been chosen and. qualified. (People 
v. Hdwards, 93 Cal. 158, 28 Pae. 831.) 

Where the term of an officer is not fixed by the 
constitution or by law, and the authority of the 
power making the appointment has ceased, there is 
no vacancy in the office, but the officer holds over. 
(People v. Hammond, 66 Cal. 654, 6 Pae. 741; People 
v. Gunst, 110 Cal. 447, 42 Pace. 968.) 


Sec. 17. Eight hours shall constitute a legal 
day’s work on all public work. 


Sec. 18. No person shall, on account of sex, 
be disqualified from entering upon or pursuing 
any lawful business, vocation, or profession. 


SEX.—This section is self-executing, and needs no 
legislation to put it in effect, and imposes a restraint 
on every law-making power of the state, whether an 
act of the legislature or an ordinance of a municipal 
corporation. (Matter of Maguire, 57 Cal. 604.) 

The word “qualified,” as used in this section, is pre- 
sumed to be used in its natural and ordinary sense. 
(Matter of Maguire, 57 Cal. 604; Weill v. Kentfield, 54 
Gals TL) 

An ordinance prohibiting the employment of fe- 
males in dance-halls, etc., is in violation of this sec- 
tion. (Matter of Maguire, 57 Cal. 604. But see Bx 
parte Felchlin, 96 Cal. 360, 31 Puc. 224.) 

_ A city ordinance which fixes the license for the 
carrying on of a saloon where females are employed, 
and where intoxicating liquors are sold in less quanti- 











Article XX, Section 17. 


See. 17. The time of service of all laborers 
or workmen or mechanics employed upon any 
public works of the state of California, or of any 
county, city and county, city, town, district, 
township, or any other political subdivision 
thereof, whether said work is done by contract 
or otherwise, shall be limited and restricted to 
eight hours in any one calendar day, except in 
cases of extraordinary emergency caused by fire, 
flood, or danger to life and property, or except to 
work upon public, military, or naval works or 
defenses in time of war, and the legislature shall 
provide by law that a stipulation to this effect 
shall be incorporated in all contracts for public 
work and preseribe proper penalties for the 
speedy and efficient enforcement of said law. 
(Amendment adopted November 4, 1902.) 











ARTICLE XX. 
Minimum Wage for Women and Minors. 

Section 171% (new). The legislature may, by appropriate legisla- 
tion, provide for the establishment of a minimum wage for women 
and minors and may provide for the comfort, health, safety and 
general welfare of any and all employees. No provision of this 
constitution shall be construed as a limitation upon the author- 


ity of the legislature to confer upon any commission now or 
hereafter created, such power and authority as the legislature 
may deem requisite to carry out the provisions of this section. 
(Adopted November 3, 1914.) 





353 CONSTITUTION OF 1879. Art. XX, §§ 19, 20 


ties than one quart, at a higher rate than a license 
for conducting a saloon where females are not em- 
ployed, is valid. (Ex parte Felchlin, 96 Cal. 369. 
Opinion of MeclXinstry, J., in Matter of Maguire, 57 
Cal. 614, approved.) 

An ordinance providing that no license shall be is- 
- sued to persons engaged in the sale of liquorsin dance- 
halls, or dance-cellars, or in places where musical, the- 
atrieal, or other public exhibitions are given, and 
where females attend as waitresses, is valid. (Hx 
parte Hayes, 98 Cal. 555, 33 Pac. 337.) 


See. 19. Nothing in this constitution shall 
prevent the legislature from providing, by law, 
for the payment of the expenses of the convention 


framing this constitution, including the per diem 
of the delegates for the full term thereof. 


Sec. 20. Elections of the officers provided for 
by this constitution, except at the election in the 
year eighteen hundred and seventy-nine, shall be 
held on the even-numbered years next before the 
expiration of their respective terms. The terms 
of such officers shall commence on the first Mon- 
day after the first day of January next following 
their election. 


TIME OF ELECTIONS.—This section controls all 
other provisions of the constitution as to when the 
term of office of officers elected under it commence. 
(Merced Bank vy. Rosenthal, 99 Cal. 39, 31 Pac. 849, 33 
Pac. 782.) 

The officers mentioned in this section are not the 
county, township, and municipal officers who are dis- 
tinctly mentioned in section 5, article 11, and the 
duration of whose terms the legislature is expressly 
directed to fix. (In re Stuart, 53 Cal. 745.) 

The officers mentioned in this section are the same 


Art. XX, § 20 CONSTITUTION OF 1879. 354 


as those mentioned in section 10, article 22. (Barton 
v. Kalloch, 56 Cal. 95.) 

Under this section justices of the peace are to be 
elected in the even-numbered years. (People v. Ran- 
som, 58 Cal. 558; Bishop v. Oakland, 58 Cal. 572; 
Jenks v. Oakland, 58 Cal. 576; Coggins v. Sacra- 
mento, 59 Cal. 599.) 





a 


Const. >. Art.“ XX, Sec, 21. 
Employers’ liability. 

Section 21. The legislature may by appropriate legislation create 
and enforce a liability on the part of all employers to compensate 
their employees for any injury incurred by the said employees in 
the course of their employment irrespective of the fault of either 


party. The legislature may provide for the settlement of any 
disputes arising under the legislation contemplated by this sec- 
tion, by arbitration, or by an industrial accident board, by the 
courts, or by either any or all of these agencies, anything in this 
constitution to the contrary notwithstanding. [New section 
adopted October 10, 1911.] 





355 CONSTITUTION OF 1879. Art, XXI, §1 


ARTICLE XXI. 
BOUNDARY. 


Section 1. The boundary of the state of Cali- 
fornia shall be as follows: Commencing at the 
point of intersection of the forty-second degree 
of north latitude with the one hundred and twen- 
tieth degree of longitude west from Greenwich, 
and running south on the line of said one hun- 
dred and twentieth degree of west longitude un- 
til it intersects the thirty-ninth degree of north 
latitude; thence running in a straight line, in 
a southeasterly direction, to the River Colorado, 
at a point where it intersects the thirty-fifth de- 
gree of north latitude; thence down the middle of 
the channel of said river to the boundary line be- 
tween the United States and Mexico, as estab- 
lished by the treaty of May thirtieth, one thou- 
sand eight hundred and forty-eight; thence run- 
ning west and along said boundary line to the 
Pacific Ocean, and extending therein three Eng- 
lish miles; thence running in a northwesterly di- 
rection and following the direction of the Pa- 
cific Coast to the forty-second degree of north 


Art. X XI, §1 CONSTITUTION oF 1879. 356 


latitude; thence on the line of said forty-second 
degree of north latitude to the place of beginning. 
Also, including all the islands, harbors, and bays 
along and adjacent to the coast. 


357 


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10. 
i 
12. 


CONSTITUTION OF 1879. Art. XXII, §1 


ARTICLE XXII. 
SCHEDULE. 


Laws to remain in force. 

Recognizances, obligations, ete., unaffected. 

Courts, save justices’ and police courts, abol- 
ished—Transfer of records, books, ete. 

State printing. 

Ballots to be printed. 

Registers, poll-books, etc., to be furnished. 

Who entitled to vote for constitution. 

Canvass of. returns of vote. 

Computing returns of vote. 

Terms of officers first elected. 

Laws applicable to judicial system. 

Constitution, when to take effect. 


That no inconvenience may arise from the al- 
terations and amendments in the constitution of 
this state, and to carry the same into complete 
effect, it is hereby ordained and declared: 


Section 1. That all laws in force at the adop- 
tion of this constitution, not inconsistent there- 
with, shall remain in full force and effect until 
altered or repealed by the legislature; and all 
rights, actions, prosecutions, claims, and contracts 
of the state, counties, individuals, or bodies cor- 


Art. XXII, §1 consTiTuTION oF 1879. 358 


porate, not inconsistent therewith, shall continue 
to be as valid as if this constitution had not been 
adopted. The provisions of all laws which are 
inconsistent with this constitution shall cease 
upon the adoption thereof, except that all laws 
which are inconsistent with such provisions of this 
constitution as require legislation to enforce them 
shall remain in full force until the first day of 
July, eighteen hundred and eighty, unless sooner 
altered or repealed by the legislature. 


LAWS CONTINUED IN FORCE.—The constitu- 
tion of 1879 did not, proprio vigore, repeal or dis- 
place all the statutes of the state theretofore in force, 
but only such as were inconsistent with those pro- 
visions of that constitution which do not require legis- 
lation to put them in force. (In re Stuart, 53 Cal. 
745.) 

Section 25, article 4, being merely prospective, 
special laws passed before the adoption of the con- 
stitution are not superseded. (Smith v. McDermott, 
98 Cal. 421, 29 Pac. 34.) 

The provision of the constitution giving the superior 
court jurisdiction of special proceedings, not requir- 
ing legislation to enforce it, the superior court has 
jurisdiction, as the successor of the district court, 
to entertain proceedings under sections 312 and 315 
of the Civil Code, although those sections mention the 
district court. (Wickersham vy. Brittan, 93 Cal. 34, 
28 Pac.- 792, 29: Pac’ 51.) 

A statute giving the district court jurisdiction of 
a special proceeding is not inconsistent “with the con- 
stitution, and did not cease upon its adoption. (Wick- 
ersham v. Brittan, 98 Cal. 34. Fraser v. Alexander, 
75 Cal. 147, 16 Pac. 757, overruled.) 

Section 13, article 11, being only prospective, an 
act passed prior to the constitution which is incon- 
sistent with it is not superseded. (Commissioners 
v. Trustees, 71 Cal. 310, 12 Pac. 224.) 


359 CONSTITUTION OF 1879. Art. XXII, $1 


Sections 1183 to 1199 of the Code of Civil Proce- 
dure, not being inconsistent with section 15, article 
20, of the constitution, remained’ in force after its 
adoption. (Germania Bldg. etc. Assn. v. Wagner, 61 
Cal. 349.) © 

The law providing for the election of a clerk of 
the supreme court was not superseded by the con- 
stitution. (Gross v. Kenfield, 57 Cal. 626.) 

Section 1, article 18, which provides that ‘“‘all prop- 
erty in the state, not exempt under the laws of 
the United States, shall be taxed in proportion to 
its value, to be ascertained as provided by law,” is 
self-executing, and requires the assessor to ascertain 
such value in the manner now provided by law. 
(Hyatt v. Allen, 54 Cal. 353; McDonald v. Patterson, 
54 Cal. 245.) 

The Consolidation Act of the city and county of 
San Francisco remained in force notwithstanding 
section 7, article 11, requiring two boards of super- 
visors, Since that section required legislation to put 
it in effect. (Desmond v. Dunn, 55 Cal. 242.) 

The effect of the new constitution in repealing the 
provision of the act of 1878, declaring how and by 
whom two of the fire commissioners should be ap- 
pointed, did not necessarily destroy the two offices, 
nor affect the validity of the act, but the incumbents 
continued to hold after the appointing power was 
abolished. (People v. Newman, 96 Cal. 605, 31 Pac. 
564.) 

Where, at the adoption of the constitution, the 
Political Code fixed the salary of county superintend- 
ent of schools, and in 1878 the legislature passed a 
special law on the subject to go into effect on the 
first Monday of March, 1880, the provision of the 
Political Code remained in force, and the special act 
never went into effect. (Peachy v. Supervisors, 59 
Cal. 548; Whiting v. Haggard, 60 Cal. 513.) 

Where a special act was passed prior to the new 
constitution, but it was provided that it should not 
affect the present incumbent, whose term did not ex- 
pire until after the constitution went into effect, the 
act was not superseded by the constitution. (Los 
Angeles v. Lamb, 61 Cal. 196. Peachy v. Super- 
visors, 59 Cal. 548, distinguished.) 


Art. XXII, §1 CONSTITUTION OF 1879. 360 


LAWS SUPERSEDED.—The provision of the char- 
ter of San Francisco for the making a contract for 
street work before an assessment had been levied 
and collected, being inconsistent with section 19, 
article 11, of the constitution, was superseded by it. 
(Thomason v. Ruggles, 69 Cal. 465, 11 Pac. 20; Oak- 
land Pav. Co. v. Hilton, 69 Cal. 479, 11 Pac. 3; Mc- 
Donald v. Patterson, 54 Cal. 245; Donahue v. Gra- 
ham, 61 Cal. 276.) 

The act of 1858 providing for the fixing of water 
rates by a commissioner, being inconsistent with 
section 1, article 14, of the constitution, was super- 
seded by that section. (Spring Valley W. W. v. 
San Francisco, 61 Cal. 3.) 

The provision of the act of 1858, requiring water 
companies to furnish water free of charge to cities 
and counties was abrogated by this section, because 
in conflict with section 19, article 11, and section 1, 
article 14. (Spring Valley W. W. v. San Francisco, 
61 Cal. 18.) 

The provision of the Political Code imposing a li- 
cense upon the business of selling goods, ete., at a 
fixed place of business, being in conflict with section 
12, article 11, of the constitution, became inoperative 
upon the adoption of the constitution. (People v. 
Martin, 60 Cal. 158.) 

Held that an ordinance prohibiting the employ- 
ment of females in dance-halls, ete., being in con- 
flict with section 18, article 20, ceased upon the adop- 
tion of the constitution. (Matter of Maguire, 57 Cal. 
604.) 

The act of 1875, which provided that the text-books 
in use in 1873, 1874, 1875, should be continued in use 
until otherwise provided by statute, was superseded 
by section 7, article 9, which provides that the local 
boards of education should adopt text-books within 
their respective jurisdictions. (People v. Board of 
Edueation, 55 Cal. 331.) 

An act passed before the adoption of the consti- 
tution, but which was not to go into effect until a 
later date, never went into effect. (Speegle v. Joy, 
60 Cal. 278.) 


361 CONSTITUTION OF 1879. Art. XXII, §§ 2,3 


Sec. 2. That all recognizances, obligations, 
and all other instruments entered into or executed 
before the adoption of this constitution, to this 
state, or to any subdivision thereof, or any mu- 
nicipality therein, and all fines, taxes, penalties, 
and forfeitures due or owing to this state, or any 
subdivision or municipality thereof, and all writs, 
prosecutions, actions, and causes of action, ex- 
cept as herein otherwise provided, shall continue 
and remain unaffected by the adoption of this 
constitution. All indictments or informations 
which shall have been found, or may hereafter be 
found, for any crime or offense committed before 
this constitution takes effect, may be proceeded 
upon as if no change had taken place, except as 
otherwise provided in this constitution. , 


Sec. 3. All courts now existing, save justices’ 
and police courts, are hereby abolished; and all 
records, books, papers, and proceedings from such 
courts, as are abolished by this constitution, 
shall be transferred on the first day of January, 
eighteen hundred and eighty, to the courts pro- 
vided for in this constitution; and the courts to 
which the same are thus transferred shall have 
the same power and jurisdiction over them as if 
they had been in the first instance commenced, - 
filed, or lodged therein. 

COURTS.—When a trial was commenced and the 


testimony taken by a judge before his term expired 
Constitution—31 


Art. XXII, § 4 CONSTITUTION OF 1879. 3862 


under the old constitution, and he was _ re-elected 
under the new, he may, as a judge under the new, 
decide the case on the evidence then taken, without 
a resubmission. (Seale v. Ford, 29 Cal. 104.) 

The amendments to the constitution in 1862 did 
not ipso facto supersede the existing courts, but such 
courts continued in existence until the new system 
should be in a condition to exercise its functions. 
(In re Oliverez, 21 Cal. 415.) 

The justices of the peace of the city and county 
of San Francisco, provided for by the act of 1866, 
were continued in force by this section, and are not 
affected by the provisions of the County Government 
Act. (Kahn v. Sutro, 114 Cal. 316, 46 Pac. 87. But 
see People v. Cobb, 21 Cal. Dee. 779.) 

The superior court of San Francisco is the suc- 
cessor of the municipal criminal court of that city 
and county. (Ex parte Williams, 87 Cal. 78, 24 Pac. 
602, 25. Pac: * 248.) 

An action to abate a nuisance pending in the dis- 
trict court, being held to be an action in equity 
under the former constitution, is not affected by the 
adoption of the new constitution. (Learned vy. Castle, 
67 Cal. 41, 7 Pac. 34.) 

The superior court of San Francisco acquired juris- 
diction of an action pending in the district court of 
San Francisco to recover real estate in Sonoma 
county. (Gurnee v. Superior Court, 58 Cal. 88; San 
Francisco Sav. Union vy. Abbott, 59 Cal. 400.) 

It would seem that it was intended that the su- 
perior judge should succeed to the duty of the 
county judge in respect to the drawing of jurors. 
(People v. Gallagher, 55 Cal. 462.) 

The superior court is the successor of the county 
court, and may issue all necessary writs to the exe- 
cution of its judgment. (Ex parte Toland, 54 Cal. 
344.) 

The superior court is the successor of the district 
court, and may carry into execution a judgment of 
death rendered by the district court. (People vy. Col- 
by, 54 Cal. 184.) 


Sec. 4. The superintendent of printing of the 
state of California shall, at least thirty days be- 


363° CONSTITUTION OF 1879. Art. XXII, § 5- 


fore the first Wednesday in May, A. D. eighteen 
hundred and seventy-nine, cause to be printed 
‘at the state printing office, in pamphlet form, 
simply stitched, as many copies of this constitu- 
tion as there are registered voters in this state, 
and mail one copy thereof to the postoffice address 
of each registered voter; provided, any copies not 
called for ten days after reaching their delivery 
office, shall be subject to general distribution by 
the several postmasters of the state. The governor 
shall issue his proclamation, giving notice of the 
election for the adoption or rejection of this con- 
stitution, at least thirty days before the said first 
Wednesday of May, eighteen hundred and seventy- 
nine, and the boards of supervisors of the several 
counties shall cause said proclamation to be made 
public in their respective counties, and general 
notice of said election to be given at least fifteen 
days next before said election. 


Sec. 5. The superintendent of printing of the 
state of California shall, at least twenty days 
before said election, cause to be printed and de- 
livered to the clerk of each county in this state 
five times the number of properly prepared ballots 
for said election that there are voters in said re- 
spective counties, with the words printed thereon: 
“For the new constitution.” He shall likewise 
cause to*be so printed and delivered to said clerks 
five times the number of properly prepared ballots 


Art. XXII, §§ 6,7 CONSTITUTION OF 1879. 3564 


for said election that there are voters in said re- 
spective counties, with the words printed thereon: 
“Against the new constitution.” The secretary - 
of state is hereby authorized and required to fur- 
nish the superintendent of state printing a suffi- 
cient quantity of legal ballot paper, now on hand, 
to carry out the provisions of this section. 


Sec. 6. The clerks of the several counties in 
the state shall, at least five days before said elec- 
tion, cause to be delivered to the inspectors of 
elections, at each election precinct or polling place 
in their respective counties, suitable registers, poll- 
books, forms of return, and an equal number of 
the aforesaid ballots, which number, in the aggre- 
gate, must be ten times greater than the number 
of voters, in the said election precincts or polling 
places. ‘The returns of the number of votes cast 
at the presidential election in the year eighteen 
hundred and seventy-six shall serve as a basis of 
calculation for this and the preceding section; 
provided, that the duties in this and the preceding 
section imposed upon the clerk of the respective 
counties shall, in the city and county of San 
Francisco, be performed by the registrar of voters 
for said city and county. 


Sec. 7%. Every citizen of the United States, 
entitled by law to vote for members of the assem- 
bly in this state, shall be entitled to vote for the 
adoption or rejection of this constitution. 


365 CONSTITUTION OF 1879. Art. XXII, §§ 8,9 


Sec. 8. The officers of the several counties of 
this state, whose duty it is, under the law, to 
receive and canvass the returns from the several 
precincts of their respective counties, as well as of 
the city and county of San Francisco, shall meet 
at the usual places of meeting for such purposes 
on the first Monday after said election. If, at 
the time of meeting, the returns from each pre- 
einct in the county in which the polls were opened 
have been received, the board must then and there 
proceed to canvass the returns; but if all the 
returns have not been received, the canvass must 
be postponed from time to time until all the re- 
turns are received, or until the second Monday 
after said election, when they shall proceed to 
make out returns of the votes cast for and against 
the new’ constitution ; and the proceedings of said 
boards shall be the same as those prescribed for 
like boards in the case of an election for governor. 
Upon the completion of said canvass and returns, 
the said board shall immediately certify the same, 
in the usual form, to the governor of the state of 
California. 


See. 9. The governor of the state of California 
shall, as soon as the returns of said election shall 
be received by him, or within thirty days after 
said election, in the presence and with the assist- 
ance of the controller, treasurer, and secretary of 
state, open and compute all the returns received 


Art. XXI §10 CONSTITUTION OF 1879. 366 


of votes cast for and against the new constitution. 
If, by such examination and computation, itis as- 
certained that a majority of the whole number 
of votes cast at such election is in favor of such 
new constitution, the executive of this state shall, 
by his proclamation, declare such new constitution 
to be the constitution of the state of California, 
and that it shall take effect and be in force on 
the days hereinafter specified. 


Sec. 10. In order that future elections in this 
state shall conform to the requirements of this 
constitution, the terms of all officers elected at the 
first election under the same shall be, respectively, 
one year shorter than the terms as fixed by law 
or by this constitution; and the successors of all 
such officers shall be elected at the last election 
before the expiration of the terms as in this sec- 
tion provided. ‘The first officers chosen, after the 
adoption of this constitution, shall be elected at 
the time and in the manner now provided by law. 
Judicial officers and the superintendent of public 
instruction shall be elected at the time and in the 
manner that state officers are elected. 


ELECTIONS.—Suggested but not decided that it 
may have been, and probably was, contemplated by 
the framers of the constitution that, when the legis- 
lature should provide for the election of county, 
township, and municipal officers, it would require 
such election to be held in the even-numbered years; 
but whether the legislature must do so, not decided. 
(Barton v. Kalloch, 56 Cal. 95.) 

This section refers only to the officers mentioned 
in section 20, article 20; that is, only to officers who 


367 CONSTITUTION oF 1879. Art. XXII, § 11 


derive their right to hold. office immediately from 
the constitution; and does not refer to municipal or 
county officers. (Barton v. Kalloch, 56 Cal. 95.) 

Justices of the peace are judicial officers within the 
meaning of this section, and must be elected at the 
general election. (McGrew v. Mayor etc. of San 
Jose, 55 Cal. 611; People v. Ransom, 58 Cal. 558.) 

A police judge, though a judicial officer, is also a 
municipal officer, and is not one of those mentioned 
in this section. (People v. Henry, 62 Cal. 557.) 

This section does not require that the term of such 
judicial officers as the legislature may authorize to 
be elected shall be uniform throughout the state. 
(Kahn y. Sutro, 114 Cal. 316, 46 Pac. 87.) ! 


Sec. 11. All laws relative to the present judi- 
cial system of the state shall be applicable to the 
judicial system created by this constitution until 
changed by legislation. 


JUDICIAL SYSTEM.—The several courts of the 
state continued with their jurisdiction, notwithstand- 
ing the adoption of the amendments of 1862, until 
the organization of the new courts by which they 
were to be superseded. (Gillis v. Barnett, 38 Cal. 
393.) 

Section 204 of the Code of Civil Procedure as to 
grand juries was continued in force by this provision 
of the constitution. (People v. Durrant, 116 Cal. 179, 
48 Pac. 75.) 

The justices of the peace of the city and county 
of San Francisco provided for by the act of 1866 were 
continued in force by this section, and are not af- 
fected by the County Government act. (Kahn y. 
Sutro, 114 Cal. 316, 46 Pac. 87. But see People v. 
Cobb, 21 Cal. Dec. 779.) 

The provision of the fee bill of 1876, so far as it 
provided for the fees to be paid to the clerk of the 
district court, was a law relating to the judicial sys- 
tem of the state, and was kept in force by the new 
constitution, and made applicable to the courts organ- 
ized thereunder. (People v. Hamilton, 103 Cal. 488, 
37 Pac. 627.) 


Art. XXII, §12 consTITUTION oF 1879. 368 


The superior court has jurisdiction, as the suc- 
cessor of the district eourt, to entertain proceedings 
under sections 312 and 315 of the Civil Code, although 
those sections mention the district court. (Wicker- 
sham v. Brittan, 98 Cal. 34, 28 Pac. 792, 29 Pate. 51.) 

The power of appointing police commissioners, 
vested in the judges of certain district courts by 
the act of 1878, was not a judicial power, did not 
pertain to the judicial system of the state, and did 
not devolve upon the judges of the superior courts. 
(Heinlen vy. Sullivan, 64 Cal. 378, 1 Pac. 158.) 

Under this section, the law giving the district 
court power to fix the compensation of phonographie 
reporters was continued in force, and made applica- 
ble to superior courts. (Ex parte Reis, 64 Cal. 233, 
30 Pac. 806.) 

Under this section, the law regulating appeals 
from justices’ courts to the county courts applied 
to appeals to the superior court. (California Fruit 
etc. Co. v. Superior Court, 60 Cal. 305.) 

The clerk of the superior court succeeding to a 
district court has power, without a previous order of 
the court, to issue an execution upon a judgment of 
the district court. (Dorn v. Howe, 59 Cal, 129.) 

The statute providing for the drawing of jurors 
in the presence of the county judge, clerk, and sheriff 
was not superseded by the constitution, since the 
superior judge would either succeed to the duty of 
the county judge, or, there being no county judge, the 
presence of the clerk and sheriff would be sufficient. 
(People v. Gallagher, 55 Cal. 462.) 


Sec. 12. This constitution shall take effect and 
be in force on and after the fourth day of July, 
eighteen hundred and seventy-nine, at twelve 
o’clock meridian, so far as the same relates to the 
election of all officers, the commencement of their 
terms of office, and the mecting of the legislature. 
In all other respects, and for all other purposes, 
this constitution shall take effect on the first day 


CONSTITUTIONAL AMENDMENTS 1910-11 


Const.: Art. XXIII. 
Article XXIII [new]. 


THE RECALL. 
Procedure for recall of elective officers. 


' 
f 


{ 


Section 1. Every elective public officer of the State of California 


may be removed from office at any time by the electors entitled to 
vote for a successor of such incumbent, through the procedure and 
in the manner herein provided for, which procedure shall be known 
as the recall, and is in addition to any other method of removal 
provided by law. 

The procedure hereunder to effect the removal of an incumbent 
of an elective public office shall be as follows: A petition signed 
by electors entitled to vote for a successor of the incumbent sought 
to be removed, equal in number to at least twelve per cent of the 
entire vote cast at the last preceding election for all candidates for 
the office which the incumbent sought to be removed occupies 
(provided that if the officer sought to be removed is a state officer 
who is elected in any political subdivision of the state, said peti- 
tion shall be signed by electors entitled to vote for a successor to 
the incumbent sought to be removed, equal in number to at least 
twenty per cent of the entire vote cast at the last preceding elec- 
tion for all candidates for the office which the incumbent sought to 
be removed occupies) demanding an election of a successor to the 
officer named in said petition, shall be addressed to the secretary of 
state and filed with the clerk, or registrar of voters, of the county 
or city and county in which the petition was circulated; provided, 
that if the officer sought to be removed was elected in the state at 
large such petition shall be circulated in not less than five counties 
of the state, and shall be signed in each of such counties by elec- 
tors equal in number to not less than one per cent of the entire vote 
cast, in each of said counties, at said election, as above estimated. 
Such petition shall contain a general statement of the grounds on 
which the removal is sought, which statement is intended solely 
for the information of the electors, and the sufficiency of which 
shall not be open to review. 

When such petition is certified as is herein provided to the 
secretary of state, he shall forthwith submit the said petition, 
together with a certificate of its sufficiency, to the governor, who 
shall thereupon order and fix a date for holding the election, not 
less than sixty days nor more than eighty days from the date of 
such certificate of the secretary of state. 

The governor shall make or cause to be made publication of notice 
for the holding of such election, and officers charged by law with 
duties concerning elections shall make all arrangements for such 
election and the same shall be conducted, returned, and the result 
thereof declared, in all respects as are other state elections. On 
the official ballot at such election shall be printed, in not more than 


two hundred words, the reasons sét forth in thé petition or cae- 


manding his recall. And in not more than three hundred words 
there shall also be printed, if desired by him, the officer’s justi- 
fication of his course in office. Proceedings for the recall of “any 
officer shall be deemed’ to be pending from the date of the filing 
with any county, city and county: clerk,’ or registrar of voters, of 
any recall petition against such. officer;'-and if: such» officer~shall 
resign at any time subsequent to the filing thereof, | the ‘recall 
election shall be held notwithstanding such resignation, andthe 
vacancy caused by such resignation, or from any other. cause; 
shall be filled as provided by law, but the person. appointed -to: fill 
such vacancy shall hold. his office only until the person mopeae at 
the said recall election shall qualify. 

Any person may be nominated for the: office which is to be filled 
at any recall election by a petition signed by ‘electors, qualified 
to vote at such recall election, equal in number to at least one: per 
cent of the total number of votes cast at the last preceding elec- 
tion for all candidates for the office which the incumbent sought 
to be removed occupies. Hach such nominating petition shall be 
filed with the secretary of state not less than twenty-five days 
before such recall election. , 

There shall be printed on the recall, ballot, as . every» LofBesr 
whose recall is to be voted on. thereat, state following, question: 
“Shall (name of person against whom the recall petition is filed) be 
recalled from the office of (title of the office)?’’, following which 
question shall be the words ‘Yes’? and ‘‘No’’ on. separate lines, 
with a blank space at the right of each, in which the voter shall 
indicate, by stamping a cross (X), his vote for or against such re- 
eall.. On such ballots, under each such question, there shall also 
be printed the names of those persons who have been nominated 
as candidates to succeed the person recalled, in.case he shall be 
removed from office by said recall election; but no vote cast shall 
be counted for any candidate for said office unless the voter also 
voted on said question of the recall of the person sought to be re- 
called from said office. The name of the person against whom the 
petition is filed shall not appear on the ballot as a candidate for 
the office. If a majority of, those voting on said question of the 
recall of any incumbent from office shall vote ‘‘No,’’ said incum- 
bent shall continue in said office. If a majority shall vote “‘Yes,”’ said 
incumbent shall thereupon be deemed removed from such Office, 
upon the qualification of his successor. The canvassers shall can- 
vass all votes for candidates for said office and declare the: result 
in like manner as.» in a regular election. If the vote at any such 
recall election shall recall ihe officer, then the candidate who has 
received the highest number of votes for the office shall. be thereby 
declared elected for the remainder of the term. In case the person 
who received the highest number of votes shall fail to qualify 
within ten days after receiving the certificate of election, the office 
shall be deemed vacant and shall be filled according to law. 

Any recall petition may be presented in’ sections,’ but each sec- 


tion’ shall contain a full and accurate copy of the title and text of 
the petition. Each signer shall add to his signature his place of 
residence, giving the street and number, if such exist. His election 
precinct shall’also appear on the paper after his name. The num- 
ber of.signaturés appended to each section shall be at the pleasure 
of the person soliciting signatures to the same. Any qualified 
elector of the state shall be competent to solicit such signatures 
within the county, or city and county, of which he is an elector. 
Hach section of the petition shall bear the name of the county, or 
city and county, in which it is circulated, and only qualified electors 
of such county, or city and county, shall be competent to sign such 
section. Hach section shall have attached thereto the affidavit of 
the persons soliciting signatures to the same, stating his 
qualifications and that all the signatures to the attached section 
were made in his presence and that to the best of his knowlelge 
and belief each signature to the section is the genuine signature of 
the person whose name it purports to be; and no other affidavit 
thereto shall be required. The affidavit of any person soliciting 
signatures hereunder shall be verified free of charge by any officer 
authorized to administer an oath. Such petition so verified shall 
be prima facie evidence that the signatures thereto appended are 
genuine and that the persons signing the same are qualified electors. 
Unless and until it is otherwise proven upon official investigation, 
it shall be presumed that the petition presented containg the sig- 
natures of the requisite number of electors. Each section of the 
petition shall be filed with the clerk, or registrar of voters, of the 
county or city and county in which it was circulated; but all such 
sections circulated in any county or city and county shall be filed 
at’ the same time. ‘Within twenty days after the date of filing such 
petition, the clerk, or registrar of voters, shall finally determine 
from the records of registration what number of qualified electors 
have signed the same; and, if necessary, the board of supervisors 
shall allow such clerk or registrar additional assistants for the pur- 
pose of examining such petition and provide for their compensation, 
The said clerk or registrar, upon the completion of such examina- 
tion, shall forthwith attach to such petition his certificate, prop- 
erly dated, showing the result of such examination, and submit said 
petition, except as to the signatures appended thereto, to the sec- 
retary of state and file a copy of said certificate in his office. Within 
forty days from the transmission of the said petition and certificate 
by the clerk or registrar of voters to the secretary of state, a sup- 
plemeéental petition, identical with the original as to the body of the 
petition but containing supplemental names, may be filed with the 
clerk or registrar of voters, as aforesaid. The clerk or registrar of 
voters shall within ten days after the filing of such supplemental 
petition make like examination thereof as of the original petition, 
and upon the conclusion of such examination shall forthwith attach 
to such petition his certificate, properly dated, showing the result 
of such examination, and shall forthwith transmit such supple- 
mental petition, except as to the signatures thereon, together with 
his said certificate, to the secretary of state. 


When the secretary of state shall have received from one or more 
county clerks, or registrars of voters, a petition certified as herein 
provided to have been signed by the requisite number of qualified 
electors, he shall forthwith transmit to the county clerk or registrar 
of voters of every county or city and county in the state a certifi- 
cate showing such fact; and such clerk or registrar of voters shall 
thereupon file said certificate for record in his office. 

A petition shall be deemed to be filed with the secretary of state 
upon the date of the receipt by him of a certificate or certificates 
showing the said petition to be signed by the requisite number of 
electors of the state. 

No recall petition shall be circulated or filed against any officer 
until he has actually held his office for at least six months; save 
and except it may be filed against any member of the state legis- 
lature at any time after five days from the convening and organiz- 
ing of the legislature after his election. 

If at any recall election the incumbent whose removal is sought 
is not recalled, he shall be repaid from the state treasury any 
amount legally expended by him aS expenses of such election, and 
the legislature shall provide appropriation for such purpose, and no 
proceedings for another recall election of said incumbent shall be 
initiated within six months after such election. 

If the governor is sought to be removed under the provisions of 
this article, the duties herein imposed upon him shall be performed 
by the lieutenant governor; and if the secretary of state is sought 
to be removed, the duties herein imposed upon him shall be per- 
formed by the state controller; and the duties herein imposed upon 
the clerk or registrar of voters shall be performed by such regis- 
trar of voters in all cases where the office of registrar of voters 
exists. 

The recall shall also be exercised by the electors of each county, 
city and county, city and town of the state, with reference to the 
elective officers thereof, under such procedure as shall be provided 
by law. 

Until otherwise provided by law, the legislative body of any such 
county, city and county, city or town may provide for the manner 
of exercising such recall powers in such counties, cities and coun- 
ties, cities and towns, but shall not require any such recall petition 
to be signed by electors more in number than twenty-five per cent 
of the entire vote cast at the last preceding election for all candi- 
dates for the office which the incumbent sought to be removed 
occupies. Nothing herein contained shall be construed as affecting 
or limiting the present or future powers of cities or counties or 
cities and counties having charters adopted under the authority 
given by the constitution. 

In the submission to the electors of any petition proposed under 
this article all officers shall be guided by the general laws of the 
state, except as otherwise herein provided. 

This article is self-executing, but legislation may be enacted to 
facilitate its operation, but in no way limiting or restricting the 
provisions of this article or the powers herein reserved. [New arti- 
cle adopted October 10, 1911.] 


369 _ CONSTITUTION OF 1879, 


Signers 


_ of January, eighteen hundred and eighty, at twelve 


o’ clock meridian. 


J. P. HOGEH, 
President. 


Attest: Epwin F. Smrru, Secretary. 


A. R. Andrews, 
James J. Ayers, 
Clhitus Barbour, 
Iidward Barry, 
James N. Barton, 
C. J. Beerstecher, 
Isaac S. Belcher, 
Peter Bell, 
Marion Biggs, 
_E. T. Blackmer, 
Joseph C. Brown, 
Saml. B. Burt, 
Josiah Boucher, 
James Caples, 
Aug. H. Chapman, 
J. M.: Charles, 
John D. Condon, 
C. W. Cross, 
Hamlet Davis, 
Jas. E. Dean, 

P. T. Dowling, 
Luke D. Doyle, 
W. L. Dudley, 
Jonathan M. Dudley, 
Presley Dunlap, 


John Eagon, 
Thomas H. Estey, 
Henry Edgerton, 
M. M. Estee, 
Edward Evey, 

J. A. Filcher, 
Simon J. Farrell, 
Abraham Clark Freeman, 
Jacob Richard Freud, 
J. B. Garvey, 

B. B. Glasscock, 
Joseph C. Gorman, 
W. P. Grace, 
William J. Graves, 
V. A. Gregg, 

Jno. S. Hager, 
John B. Hall, 
Thomas Harrison, 
Joel A. Harvey, 

T. D. Heiskell, 
Conrad Herold, 

D. W. Herrington, 
S. G. Hilborn, 

J. R. W. Hitchcock, 
J. E. Hale, 


Signers 


Volney E. Howard, 
Sam A. Holmes, 
W. J. Howard, 
Wm. Proctor Hughey, 
W. F. Huestis, 

G. W. Hunter, 
Daniel Inman, 
George A. Johnson, 
L. F. Jones, 

Peter J. Joyce, 

J. M.° Kelley, 
James H. Keyes, 
John J. Kenny, 

C. R. Kleine, 

T. H. Laine; 
Henry Larkin, 

R. M. Lampson, 
R. Lavigne, 

H. M. La Rue, 
David Lewis, 

J. F. Lindow, 

Jno. Mansfield, 
Edward Martin, 

J. West Martin, 
Rush McComas, 
John G. McCallum, 
Thomas McConnell, 
John McCoy, 
Thomas B. McFarland, 
Hiram Mills, 


CONSTITUTION OF 1879. 


370 


Wm. 8. Moffatt, 

John Fleming McNutt, 

W. W. Moreland, 

L. D. Morse, 

James E. Murphy, 

Edmund Nason, 

Thorwald Klaudius Nel- - 
son, 

Henry Neunaber, 

Chs. C. O’Donnell, 

George Ohleyer, 

James O’Sullivan, 

James Martin Porter, 

William H. Prouty, 

M. R. C. Pulliam, 

Chas. F. Reed, 

Patrick Reddy, 

Jno. M. Rhodes, 

Jas. S. Reynolds, 

Horace C. Rolfe, 

Chas. S. Ringgold, 

James McM. Shafter, 

Geo. W. Schell, 

J. Schomp, 

Rufus Shoemaker, 

E. O. Smith, 

Benj. Shurtleff, 

Geo. Venable Smith, 

H. W. Smith, 

John C. Stedman, 


371 CONSTITUTION OF 1879. Signers 


E. P. Soule, 
D. C. Stevenson, 
Geo. Steele, 
Chas. V. Stuart, 
W. J. Sweasey, 


Charles Swenson. 


KR. 58. Swing, 
D. S. Terry, 

S. B. Thompson, 
F. O. Townsend, 
W. J. Tinnin, 
Daniel Tuttle, 
Jory Lally, 
eee Lurner, . 
A. P. Vacquerel, 


Walter Van Dyke, 
Wm. Van Voorhies, 
Hugh Walker, 
Jno. Walker, 
Byron Waters, 
Joseph R. Weller, 
J. V. Webster, 
John P. West, 
Patrick M. Wellin, 
John T. Wickes, 
Wm. F. White, 

H. C. Wilson, 
Jos. W. Winans, 
N. G. Wyatt. 


TABLE OF STATUTES 
DECLARED UNCONSTITUTIONAL 
IN WHOLE OR IN PART. 


Statutes Page Chapter Case 

1850 93 33 Caulfield v. Hudson, 8 Cal. 389. 
176 71 Burgoyne v. Supervisors, 5 Cal. 9. 
205 85 People v. Burbank, 12 Cal. 378. 
210 86 Burgoyne v. Supervisors, 5 Cal. 9. 
254 103. George v. Ransom, 15 Cal. 322. 
275 119 People v. Tinder, 19 Cal. 539. 
428 142 In re Holdforth, 1 Cal. 488. 


1851 9 1 Parsons v. Tuolumne ete. Co., 5 
Cal. 48; Zander v. Coe, 5 Cal. 

230. 
51 5 Tay v. Hawley, 39 Cal. 93; Exline 


v. Smith, 5 Cal. 112; Crawford 
v. Bark Caroline Reed, 42 Cal. 
469. 

387 88 Smith v. Morse, 2 Cal. 524. 


1852 78 36 State v. Steamship Constitution, 
42 Cal. 578. 
162 87 People v. Wells, 2 Cal. 196, 610. 
233 146 People v. Rosborough, 14 Cal. 180. 
1 


51 State v. Steamship Constitution, 
42 Cal. 578. 

219 160 Guy v. Hermance, 5 Cal. 73. 

233 167 Hardenburgh vy. Kidd, 10 Cal. 402. 


1854 84  - 78 Houston v. Williams, 13 Cal. 24, 
198 128 Dickey v. Hurlburt, 5 Cal. 343. 


1855 80 73 Greely v. Townsend, 25 Cal. 604. 
145 119 Gillan vy. Hutchinson, 16 Cal. 153. 
160 131 Stone v. Elkins, 24 Cal. 125. 
165 138 Robinson v. Magee, 9 Cal. 81. 
180 145 People v. Johnson, 6 Cal. 499. 
299 229 Dick’s Estate v. Gherke, 6 Cal. 

666. 
(372) 


373 


UNCONSTITUTIONAL STATUTES, 


Statutes Page Chapter Case 
1856 54 47 Billings v. Hall, 7 Cal. 1. 
100° 85 McCauley v. Brooks, 16 Cal. 11. 
110 95 Nougues v. Douglass, 7 Cal. 65. 
145 125 People v. Woods, 7 Cal. 579; Peo- 
ple v. Bond, 10 Cal. 563; Taylor 
v. Palmer, 31 Cal. 240. 
1857 222 192 People v. Templeton, 12 Cal. 394. 
1858 32 43 McCauley v. Weller, 12 Cal. 500. 
124 171 Bx parte Newman, 9 Cal. 502; 
contra, Ex parte Andrews, 18 
Cal. 678. 
254 288 San Francisco v. Spring Valley 
W. W., 48 Cal. 498. 
805 319 Brumagim y. Tillinghast, 18 Cal. 
265. 
322 336 Grogan vy. San Francisco, 18 Cal. 
590. 
1859 343 315 People v. McCreery, 34 Cal. 432; 
People v. Gerke, 35 Cal. 677. 
1862 462 839 Lin Sing v. Washburn, 20 Cal. 
534. 
539 416 People v. Raymond, 34 Cal. 492. 
1863 69 70 People v. Washington, 36 Cal. 658. 
145 125 Crosby v. Lyon, 37 Cal. 242. 
549 855 Bourland vy. Hildreth, 26 Cal. 161. 
586 395 Caulfield v. Stevens, 28 Cal. 118. 
1864 198 204 People v. Sanderson, 30 Cal. 160. 
431 883 Day v. Jones, 31 Cal. 261. 
1865-66 689 528 People v. Kelsey, 34 Cal. 470. 
786 565 People v. McCreery, 34 Cal. 432; 
People v. Gerke, 35 Cal. 677. 
824: 596 Pryor v. Downey, 50 Cal. 388. 
1867-68 159 181 Waterloo T. R. Co. v. Cole, 51 
Cal. 381. 
176 196 Rose v. HEstudillo, 39 Cal. 270. 
316 293 Wilson v. Supervisors, 47 Cal. 91. 
1869-70 626 4384 In re Market St., 49 Cal. 546. 
1871-72 243 204 Smith y. Brown, 59 Cal. 672; Peo- 


ple v. Edwards, 98 Cal. 153. 


Constitution—32 


Statutes Page Chapter Case 
1871-72 '415 308 Williams v. Corcoran, 46 Cal. 553. 
443 334 Chollar M. Co. vy. Wilson, 66 Cal. 
374. 
G73 586 Savings ete. Soc. v. Austin, 46 
Cal. 415. 
1873-74 50 54 Young v. Wright, 52 Cal. 407; 
Sutherland v. Sweem, 53 Cal. 
48. 
376 273 People v. Townsend, 56 Cal. 633. 
434 300 Ex parte Wall, 48 Cal. 279. 
477 331 People v. Pittsburg R. R. Co., 67 
* Cal. 625; 8 Pac. 381. 
588 414 Reis v. Graff, 51 Cal. 86; Brady 
v. King, 53 Cal. 44. 
691 460 .People v. Lynch, 51 Cal. 15. 
746 511 Harper v. Rowe, 53 Cal. 233. 
832 595 Harper v. Rowe, 53 Cal. 233. 
896 645 People.v. Lynch, 51 Cal. 15. 
1875-76 82 114 Spring Valley W. W. v. Bryant, 
S2sCalfiis2: 
140 187 People v. Houston, 54 Cal. 536. 
214 190 Hoagland v. Sacramento, 52 Cal. 
142. 
753 495 Mgnt 2Oere Avenue Case, 54 Cal. 
579. 
1877-78 181 188 Knox v. Los Angeles, 58 Cal. 59. 
341 282 Fanning v. Scammel, 68 Cal. 428, 
9 Pac. 427. 
419 317 Schumacher vy. Toberman, 56 
Cal.’ 508. 
442 333 Purdy v. Sinton, 56 Cal. 133. 
T17 501 Boorman vy. Santa Barbara, 65 
Cal. 318, 4 Pac. 81. 
1880 1 1 Weill v. Kenfield, 54 Cal. 111. 
20 26 San Francisco v. Broderick, 125 
‘Cal. 188, 57 Pac. 887. 
5D 63 Hutson v. Protection Dist., 79 Cal, 
90, 16 Pac. 549, 21 Pac. 485. 
67 71 People v. Chapman, 61 Cal. 262. 
80 84 Ex parte Westerfield, 55 Cal. 550. 
123 116 In re Ah Chong, 5 Pac. C. L. J. 


UNCONSTITUTIONAL STATUTES. 374 


451. 


- oe UNCONSTITUTIONAL STATUTES. 


Statutes Page Chapter Case 


1880 123 117 


137 | 124 
527 244 
(Ban.) 


1881 15 21 


51 51 
54 52 


81 71 
1883 54 30 


93 49 
370 82 


1885 13 15 


45 39 
166 154 
203 157 


1887 178 169 


1889 148 138 


212 178 
1232 206 
302 207 


Doane v. Weil, 58 Cal. 334; People. 
v. Parks, 58 Cal. 624; Callahan 
v. Dunn, 78 Cal. 366, 20 Pac. 
W37. 

Desmond v. Dunn, 55 Cal. 242. 

Leonard v. January, 56 Cal. 1; 
Dillon y. Bicknell, 116 Cal. 111, 
47 Pac. 937. 


Nickey v. Stearns Ranchos Co., 
126 Cal. 150, 58 Pac. 459. 

Ex parte Cox, 63 Cal. 21. 

Fitch v. Supervisors, 122 Cal. 285, 
54 Pac. 901. 

People v. Chapman, 61 Cal. 262. 


People v. Kewen, 69 Cal. 215, 10 
Pac, 893. 

Tulare v. Hevren, 126 Cal. 226, 58 
Pac. 530. 

Los Angeles v. Teed, 112 Cal. 319, 
44 Pac. 580. 


San Francisco v. Insurance Co., 
74 Cal. 118, 15 Pace. 380. 

Western Granite ete. Co. v. 
J<nickerbocker, 108 Cal. 111, 37 
Pac. 192, 

Miller v. Kister, 68 Cal. 145, 8 
‘Pace. 813; People v. Henshaw, 
76 Cal. 436, 18 Pac. 413. 

People v. Kewen, 69 Cal. 215, 10 
‘Pace. 398. 


Dougherty v. Austin, 94 Cal. 601, 
28 Pac. 834, 29 Pac. 1092. 


Farrell v. Board of Trustees, 85 
Cal. 408, 24 Pac. 868. 

Cullen v. Glendora Water Co., 113 
Oal. 503, 89 Pac. 769, 45 Pac. 
822. 

San Luis Obispo v. Graves, 84 
Gale Tit 23 Pac. 1032; 

People v. Common Council, 85 
Cal. 369, 24 Pac. 727; Fisher v. 
Police Court, 86 Cal. 158, 24 
‘Pac. 1000. 


~ 


UNCONSTITUTIONAL STATUTES, 3876 


Statutes Page Chapter Case 

1889 455 1 People v. Toal, 85 Cal. 333, 24 
Pac. 603. 

1891 5 7 San Francisco vy. Broderick, 125 


iCal. 188, 57 Pac. 887. 

182 137 McCabe y. Carnenter, 102 Cal. 469, 
B86 Pac. 836. 

195 146 Slocum y. Bear Valley Irr. Co., 
122 Cal. 555, 56 Pac. 403; Keen- 
er v. Eagle ete. Co., 110 Cal. 
627, 48 Pac. 14; Ackley v. Black 
Hawk etc. Co., 112 Cal. 42, 44 
‘Pac. 330. 

283 205 Murray y. Colgan, 94 Cal. 485, 
29 Pac. 871. 

295 216 People v. Johnson, 95 Cal. 471, 
31 Pac. 611; Welch v. Bramlet, 
98 Cal. 219, 33 Pac. 66; Bloss v. 
Lewis, 109 Cal. 498, 41 Pac. 
1081. 

433 226 Ex parte Giambonini, 117 Cal 
573, 49 Pac. 732. 

513 280 Conlin v. Supervisors, $9 Cal. 17, 
33 Pac. 7538. 

1893 33 21 Ramish v. Hartwell, 126 Cal. 
448, 58 Pac. 920. 

57 45 Molineux v. State, 109 Cal. 378, 
42 Pac. 34. 

59 47 Los Angeles v. Teed, 112 Cal. 
319, 44 Pac. 580. 

61 48 Los Angeles v. Hance, 122 Cal. 
17,55 Pac. 387. 

127 112 Rauer y. Williams, 118 Cal. 401, 
50 Pac. 691. 

168 143 People y. Markham, 104 Cal. 232, 
37 Pac. 918. 

280 197 Darcy v. Mayor of San Jose, 
104 Cal. 642, 38 Pac. 500. 

346 234 Hale v. McGettigan, 114 Cal. 112, 


45 Pac. 1049. 
1895 1 2 Dwyer v. Parker, 115 Cal. 544, 
47 Pac. 372. 
107 115 Taylor v. Mott, 123 Cal. 497, 56 
Pac. 256. 


~ 164 160 Rauer v. Williams, 118 Cal. 401, 
50 Pac. 691. 


377 


UNCONSTITUTIONAL STATUTES, 


Statutes Page Chapter Case 
1895 205 178 Miner vy. Justice’s Court, 121 Cal 
264, 538 Pac. 795. 
207 181 Marsh y. Supervisors, 111 Cal. 
368, 438 Pac. 975; Gett v. Su- 
pervisors, 111 Cal. 366, 48 Pac. 
P22, 
246 200 Ex parte Jentzsch, 112 Cal. 468, 
44 Pac. 803. 
267 207 Fatjo v. Pfister, 117 Cal. 86, 48 
Pac. 1012; Dwyer v. Parker, 
115 Cal. 544, 47 Pac. 372; Cooley 
v. Calaveras Co., 121 Cal. 482, 
53 Pac. 1075; Kiernan v. Swan, 
131 Cal. 410. 
341 221 Denman v. Broderick, 111 Cal. 
96, 43 Pac. 516. 
409 12 Miner y. Justice’s Court, 121 Cal. 
264, 53 Pac. 795. 
1897 54 60 Popper v. Broderick, 123 Cal. 456, 
56 Pac, 53. 
42 78 Popper y. Broderick, 123 Cal. 456, 
56 Pac. 53. 
75 82 Los Angeles v. Hance, 122 Cal. 
77, 54 Pac. 387. 
77 83 Estate of Stanford, 126 Cal. 112, 
54 Pac. 259, 58 Pac: 462. 
115 106 Spier v. Baker, 120 Cal. 370, 52 
Pac. 659. 
185 107 Pereria v. Wallace, 129 Cal. 397, 
6 Pac. 61. 
192 132 Popper v. Broderick, 123 Cal. 456, 
56 Pac. 53. 
231 170 Johnson v. Goodyear Min. Co., 
127 Cal. 4, 59 Pac. 304. 
452 277 Lougher v. Soto, 129 Cal. 610, 62 
Pac. 184. 
1899 24 24 People v. Curry, 130 Cal. 82, 62 
Pac. :516. 
47 46 Britton v. Board of Election 
vi Commrs., 129 Cal. 337, 61 Pac. 
. 1115. 
‘1901 117. 102 Lewis v. Dunne, 22 Cal. Dec. 559. 
332 157 Lewis v. Dunne, 22 Cal. Dee. 559. 
433 158 Lewis v. Dunne, 22 Cal. Dee. 559. 


TABLE OF PARALLEL SECTIONS 
IN CONSTITUTIONS OF 
1849 AND 1879. 


1879 1849 1879 1849 

Art. See. Art. Sec. Art. Sec. Art. Sec. 
ae. f 1 I 21 
2 2 22 

3. Zo I 21 
4 4 24 

5 5 IT -*1 IT 1 

6 6 1 5 

6 7 2 2 

hi 3 3 3 

8 , 4 4 

9 9 5 6 

10 10 Til 4-1 III 1 

he 11 IV 1 IV 1 

12 12 2 2 

12 13 3 3 

13 8 4 4 

14 + 5 

15 15 5 6 

16 16 a 

17 17 6 I 14 

18 18 6 IV 28 

19 19 6 29 

20 20 6 Schedule 14 


| 379 


1879 
> Art. 
IV 


Sec. 


PARALLEL SECTIONS. 


1849 
Art. 


a 


XI 
LV. 


XI 


Sec. 
8 
9 

10 

11 

1 

13 

14 

15 

16 

17 

18 

19 

20 

2h 

mie 

23 

24 

25 

21 

26 

27 

30 

38 


10 


i) 
) 


SS oma Mm ohh 


1879 
Art. 


Vv 


VE 


VII 


VIII 


Sec. 


13 
14 
15 
16 
we 
18 
19 


19 
20 


CHAD aaIhwne 


1849 
Art. 


Schedule 
VI 


VII 


VIII 


Sec. 
14 
15 
16 
17 
18 
19 
20 
21 
15 


eNO OOD 


So 


12 
10 
3B 
13 
14 
15 
16 


18 


Chie 


PARALLEL SECTIONS. ‘380 


1879 1849 1879 1849 — 
‘Art. See. Art. Sec. Art. Sec. Art. - Sec. 
IX 1 IX 2 XII 6 Pa 
ra 1 7 
3 8 
4 9 
5 3 10 
6 cL. 
f 12 
8 13 
9 4 14 
ae 15 
2 16 
3 17 
4 18 
5 19 
6 20 
AL 21 
2 ae 
3 2a 
4 xI 4 24 
5 5 AITIT «4 xI 13 
5 9 2 
6 3 
i. 4 
8 5 
8% 6 
9 7 
10 & 
1 9 
12 10 
13 11 
14 42 
15 13 
16 AV) eh 
a a 
18 IV 87 Vo ee 
19 Zo 
LL wee IV 31 3 
9 a XVI et VIII 2 
3 36 1 Schedule 16 
4 83 i) VIL wa XI 15 
5 34 2 
dD 35 3 


XVIII 
AIX 


xx 


PARALLEL SECTIONS. 


1849 
Art. 


x 


Schedule 
XI 


Sec. 


1 
2 


1879 
Art. 
xX 


XXI 
XXII 


Sec. 


17 
18 
19 
20 


WOPAIAMRW WHE 


10 
11 
12 


1849 
Art. 


Schedule 
XII 
Schedule 


VI 
Schedule 


IV 


Sec. 


f= 
OMNI WA_AARMNorwOMw 


TABLE OF CALIFORNIA CITA- 
TIONS TO CONSTITU- 
TION OF 1849. 


{Citations are to California Reports, Vols. 1 to 1382.] 


I-1 I-8 (Con.) 1-15 III-1 
Toe 23 326 1 440 5 19 
9 504 29 256 6 240 5 112 
18 680 32 250 53 207 8 15 
22 324 33. 281 10 403 
23 464 40 513 I-16 17 5657 
32 249 41 168 22 316 20 43 
33 281 42 168 23° 478 
36 671 43 79 i 24 126 
88 703 48 384 6 253 29 452 
50 403 13 165 30 167 
T-2 51 248 30 189 33 281 
22 324 53 «45 36 671 34 525 
30 189 53 212 65 595 46 514 
69 372 53 412 AT 653 
59 245 12% 50 403 
1-3 66 500 $2 249 
16 253 69 372 IV-1 
22 316 109 449 II-1 neitey 
109 622 5 25 46 514 
1-4 130 495 26 178 47 652 
9 504 
17 612 1-9 II-2 Iv-3 
18 680 22 316 26 209 26 254 
1-5 I-11 II-3 IV-5 
11 226 17 552 26 249 26 253 
24 544 
1-7 26 255 Ti-4 Iv-7 
19 541 36 671 26 211 8 415 
41 31 37 3875 28 140 
38 703 88 93 IV-8 
1-8 43 432 84 535 
12 83 52 601 II-6 
18 251 58 61 26 186 TV-10 
22 316 84 535 


(882) 


IV-17 

6 660 
9 522 

39 541 


IV-18 
34 535 


IV-19 

we SAL 
22 314 
45 218 


118 483 


TV-20 
22 314 


TV-21 
10 438 
22 314 
52 39 


IV-23 
86 621 
106 116 


IV-24 
9 347 


IV-25 
2 299 
6 383 
9 522 
10 316 
86 622 


IV-31 

5 46 
22 423 
37 379 
37 540 
48 509 
52 145 
54 9D 


CITATIONS. 


IV-351 (Con.) 


77 371 
98 53 
109 580 
111 66 
119 341 


TV-82 
24 538 
35 166 
62 461 

111 62 


1V-34 
52 198 
105 377 


IV-35 
105 378 


IV-36 
24 538 
35 166 
62 461 

Iu | 62 


IV-37 
81 252 
84 523 
47 657 
48 318 


ol 24. 


10 44 
26 253 
62 569 


34 536 


V-8 
1 535 
2 203 
3 505 
6 290 
T 523 
S$ “12 
20 507 
22 314 
34 541 
37 641 


V-11 
34 536 


V-12 


22 314 


V-13 
34 536 
43 441 


V-16 
Bi 223 
10 44 
26 253 
34 536 
62° 569 


V-17 
10 44 
62 569 


V-18 
15 62 


V-20 
aoa Oe 
26 253 


V-21 
Ou oA7, 
47 366 


Wiel 

4 145 

1 380 

5 20 
Ti. 85 
12 387 
Fi “417 
22 478 
34 523 
34 532 
39 517 
41 131 
48 4 
52 223 


VI-2 
2 202 
5 104 


V1I-3 

2 202 

S15 
10 46 


VI-4 
87 
91 

145 

248 

389 
89 

10. 46 

10 253 

1300 

25 28 

25 95 

27 107 

30 101 

31 144 

34 «33 

40 482 

42 56 

49 149 

53 291 


CO 09 CD fat Ed 


VJ-4 (Con.) 


55 191 
60 654 


VI-5 
1 381 
3 504 
11 85 
12 387 
29 485 


VI-6 

8 389 
4 342 
5 95 
5 230 
9 87 
10 253 
24 65 
26 383 
28 ~ 121 
30 575 
81 144 
31 339 
34 688 
36° 28 
42 56 
51 501 
52 491 
54 288 
58 400 
64 288 
79 484 


VI-7 
16 442 
30 683 
40 654 


VI-8 

5 22 

5 104 

6 89 

Dr agene 
10 403 


CITATIONS. 


VL-8 (Con.) 


20 
28 
30 
34 
36 
37 
38 
39 
41 
42 
44 
45 
45 
48 
51 
52 
53 
58 


44 
119 
575 
689 

27 
161 
157 

99 
131 

56 
125 
217 
679 

72 
433 
223 
413 
402 


VI-9 


389 
279 
66 
88 
92 
572 
66 
452 
119 
67 
413 


VI-10 


8 


382 


VI-11 


32 
43 


299 
435 


VI-14 


5 
9 


232 
87 


VI-15 

2 203 

9 346 
12 392 


VI-16 

12 392 
30 163 
88 395 


VI-17 
27 513 
55 238 


VI-18 
59 191 


VI-19 
21 416 


VIII-1 
6 500 
7 66 
13 182 
15 454 
16 253 
23 174 
27 206 
Lees 


IX-2 
37 244 


IX-3 


48 50 


IX-4 
123 616 


IX-5 
5 22 


X-2 
26 186 


384 


X-7 
55 524 

XI-1 
5 32 
50 572 


XI-3 
toe 
22 307 
24 243 


XI-4 
33 494 
34 582 


48 318 
50 564 
58 61 


121, 551 


XI-5 
33 404 


47 656 


XI-6 

Sie 
22 314 
34 541 
45 558 


XI-7 

6 289 

7 102 
22 314 
Oat Ls 


128 604 


XI-8 


93 182 


XI-9 
34 533 
47 657 
51 29 


885 


XI-10 


27 


207 


XI-13 


1 
2 
4 
12 
13 
14 
22 
29 
30 


252 
592 
49 
83 
350 
16 
369 
451 
683 


Constitution—33 


CITATIONS. 


XI-13 (Con.) 


34 
34 
37 
40 
41 
43 
43 
44 
46 
46 
47 
47 


475 
657 
246 
513 
304 
335 
434 
326 
506 
506 

92 
648 


XI-13 (Con.) 
51 244 
51 501 
52 81 
52 601 
58 = =61 


XI-15 
14 474 
24 640 


XI-16 
58 472 


XI-18 
eae 
22 316 


XI-19 
26 211 


XIT-4 
27 211 


XII-31 
61 5 


TABLE OF CALIFORNIA CITA- 
TIONS TO CONSTITU- — 
TION OF 1879. 


[Citations are to California Reports, Vols. 1 to 132.] 


T-1 I-11 I-18 (Con.) 1-21 
65 385 59 «12 107 288 60 189 
12.0471. 60 189 115. “61 65 35 
128 434 65 35 116 250 69 151 
68 145 1a et 182° 371. 
I-2 69 151 130 123 112 471 
92 316 71. 631 ee 1188 05 
3 582 nee 
1-3 oe ettao 50-205 teaegg mee 
105 606 e476 66 501 1-22 
89 523 68 65 54 247 
T-4 = 74 262 | 
2 90 558 2 57 609 
59 18 79 551 5 
91 249 ) 69 485 
60 201 91 456 
79 176 94 603 83 403 
104 351 94 492 83 494 
L-6 109 334 aes 86 50 
54 103 109 497 95 223 92 316 
67 257 1 oa. 98 262 115 548 
111 569 98 617 128 247 
1-7 113 646 103 616 129 403 
64 266 114 146 106 284 132 219 
87 354 118 305 109 622 
122 139 119 241 111 563 I-23 
122 147 118 287 129 347 
I-8 126 37 118 572 
56 233 7 OT 126 153 1-24 
59 245 129 343 130 495 11723 
60 104 130 634 
65 646 tI-1 
108 663 Tae ay 92 321 
65 223 72 466 o 
111°,612 eee Ss gts TUT eae 
66 102 116 523 an lee 
115 . 53 oe 120 374 
68 630 x he 
ce I-17 127 88 
1-9 Bre 65 504 
72 466 70 18 67 382 II-4 
73 123 70 Lit 70 155 105 462 
112 97 82 459 
100 153 1-19 ITs 
I-10 103 354 68 288 58 643 
129 343 104 527 105 606 61 322 


(886) 


387 CITATIONS. 


60 30 


ITI-1(Con.) IV-10 IV-24 (Con.) Sub. 2 
68. 196 80 213 74 41 5D 551 
80 234 74 552 60 81 

102 470 IV-15 80 270 60 189 
106 422 54 112 84 228 62 465 
12a. 627 TZ 467 . 88 534 67 360 
126 672 80 213 93 635 112 471 
127 159 85 336 103 ar 
129 604 100 421 102 418 Sub. 3 
Poe Ok 114 149 62 465 
IV-1 11% &6 83 402 
56. 100 TV-16 1207316 93 424 
63° 21 (2 467 22 ee i 100 120 
72 466 80 213 125 414 1187 512 
92 307 83 494 128 668 117 “363 
96 291 85 337 129 570 120 304 
121 267 129 606 126 230 
Iv-2 1807 St 127 7 
56 101 IV-18 19478 Zid 
96 291 85 645 Sub. 4 
114 114 108 662 TV-25 62 465 
130. =688 122.290 55 490 
55 618 Sub. 6 
IV-3 TV-20 57 613 123)! 527 
55 622 61 267 59 8 
56 100 (Cee ane 60 32 Sub. 7 
96 291 61 38 114 146 
114 169 IV-22 61 267 
61 267 63 382 Sub. 9 
Iv-4 Gare S77 72 466 55 622 
55 622 71 630 foe CE Gon loo 
56 100 77 1384 81 499 84 76 
96 264 84 58 84 229 94 620 
119 488 92 55 ~ STle 9 98 224 
106 115 93 400 109 335 
IV-5 1219 105 616 111 102 
65 578 We e151 124 696 113 646 
66 29 126 118 114 410 
96 291 Sub. 1 118 _ 306 
TV-24 62 465 
_ Iv-6 55 496 120 401 Sub. 10 
65 577 57 613 121 267 60 28 
96 290 58 635 83 402 


Sub.10(Con.) 


105 
119 
124 


Sub. 


55 
81 
100 
111 
Liu 
124 


Sub. 


83 


Sub. 


126 


Sub. 


126 


Sub. 


100 
118 
124 


Sub. 


Dd 
83 


Sub. 


67 


Sub. 


83 
127 


Sub. 


59 
104 
124 


583 
521 
698 


c 
622 
501. 
425 
102 
371 
698 


13° 


402 


15 
117 


Lf 
117 


19 
120 
306 
698 


20 
495 
402 


23 


360 


24 
402 


27 
402 
351 
698 


CITATIONS. 


62 
65 
65 . 
85 
98 
111 
113 


»114 


118 
124 
125 
132 


Sub. 
62 
65 
68 
85 
89 
92 

103 

104 

114 

115 

118 

126 


Sub. 


84 
91 


100 
109 
Th 
112 
114 
118 
118 
119 
124 
126 


465 
123 
291 
413 
224 
102 
646 
410 
305 
698 
192 
221 


29 
465 
123 
145 
496 
523 
606 
395 
644 
645 
DAD 
306 

37 


33 
498 

76 
249 
620 
120 
497 
3T1 
471 
410 
306 
404 
523 
698 
230 


‘Sub. 28 Sub.33(Con.) 


127 T 
127 684 
130 134 
182. 221 


TV-26 
68 289 
87 607 
89 378 

104 599 
127 118 
130 326 


IV-28 
80 213 


IV-29 
61 267 
115 5382 


IV-30 
115 532 


IV-31 
72 473 
74 125 
77 475 
80 270 
83 265 
92 606 
93. 326 
97 252 
99. 21 
380 
315 
532 
117 176 
118 546 
498 
118 


| 


388 


1V-32 
72 465 


. 74 125 


TT 475 
80 270 
92 . 606 
93 . 326 
115 582 
121 21 
123 498 


IV-34 
94 435 


IV-35 
86 550 


V-2 
56 101 
62 569 
99. 45 
114 169 


v-8 
62 565 
62 568 
66. 655 
93 155 

114 170 
123 309 
127 397 


V-9 
130 89 


V-15 
56 101 
62 569 
114 169 


. V-16 


62 569 


389 


V-17 
56 101 


VI-1 
54 186 
62 465 
66 4 
71 633 
78 557 
82 344 
83 112 
85 335 
wi elO 

114 330 
119 232 
120 401 
121 267 


VI-2 
81 460 
82 599 
83.112 
83 494 
95 43 


VI-3 
‘56 101 
81 460 
83 112 
99 45 


 VI-4 
54 103 
55 191 
60 115 
60 654 
62° 41 
65 99 
65 382 
65 645 
67 187 
79 107 
79 486 
82 162 


CITATIONS. 
VI-4 (Con.)  VI-5 (Con.) 
2 425 123 695 
838 112 1380 98 
94 353 
95 646 VI-6 
100 120 55 266 
108 663 56 101 
110 =—89 86 28 
120 569 99 44 
122 534 104 234 
VI-7 
VI-5 55 266 
54 186 
60 103 VI-8 
60 152 130 5738 
60 307 
60 427 VI-9 
Gly ith 86’ 29 
62 41 104 234 
64 444 118 483 
65 476 
65 641 VI-11 
66 204 55 611 
71 383 60 103 
a Ooo 60 152 
73. 183 60 427 
76 184 80 40 
78 557 90 502 
80 41 114 331 
82 305 TZ), 257. 
83 493 ten VL 19 
84 120 122 534 
ST 231 180 98 
92 50 
93 463 VI-13 
94 355 78 560 
94 397 85 336 
100 120 Ee 216 
103 120 120 401 
104 203 
110 264 VI-14 
tte os 56 101 
Toe ello 


VI-14(Con.) 


94 47 
103 491 


VI-16 
80 222 


VI-17 
87 396 


VI-18 
118 483 


VI-19 
55 238 
65: 261 
65 431 
65 569 
86 38 
88 270 
88 426 
96 181 
97 455 

tis 14 
129 509 
130 8 


V1I-20 
103. 415 
122 288 


VI-21 
57 1388 


VI-22 
80 221 


VI-24 
62 514 


VI-29 
80 222 


VI-34 
80. 222 


TX-1 
118 120 
12 22 
124 699 


TX-2 
87 396 


TX-3 
56 102 
114 335 
114 561 
123 308 


IX-4 
104 157 
97 431 

104 658 


TX-5 
55 334 
55 490 
97 431 

104 350 
117 523 
124 698 


IX-6 
55 334 
97 431 

104 63 
117 523 
118 119 
124 698 


IX-7 
55 333 
117 522 


CITATIONS. 


IX-8 
55 334 
71 630 


IX-9 
55. 334 
66 508 
69 216 
104 658 
123 619 


IX-11 
104 658 


IX-12 
56 101 


X-1 
63 490 


x-4 
61 264 


XI-1 
56 103 
61 277 

114 320 
114 561 
129 574 


XI-2 
Glee2ts 
71 313 


XI-3 
ke oats 
97 331 

117 196 


XI-4 
56 103 
61 277 
65 123 
73, (1 
84 76 
94 624 
98 224 

109 334 
109 496 
114 320 
114 561 
118 308 
118 404 
129 574 


XI-5 
538 748 
56 103 
58 90 
58 569 
60 514 
61 277 
65 125 
65 288 
66 4 
T- TT 
76 95 
81 500 
84 75 
88 531 
94 605 
95 332 
95 473 
98 222 
98 228 

100 2738 
103 394 
104 130 
105 626 
106 197 
109 334 
109 497 
111 103 


390 


XI-5 (Con.) 
111 370 
111 569 
118 516 
113 645 
114, 327 
114 561 
115 548 
118 308 
118 404 
125 192 
128 247 
129 574 
131 550 


XI-6 
55 246 
58 566 
60 81 
61 277 
61 319 
64 242 
66 5 
69 470 
73 $76 
73 312 
73 622 
74 26 
74. 125 
76 446 
81 497 
82 341 
85 346 
86 41 
Si 92 
87 606 
91 249 
92 316 
94 T+ 
94 621 
95 111 
99 560 

102 304 
104 275 


391 


XI-6 (Con.) 


104 
a1) 
114 
114 
115 
118 
123 
123 
126 
127 
129 
131 
1382 
132 


644 
108 
147 
321 
514 
403 
459 
603 
386 
666 
514 

35 
381 
442 


XI-7 


55 
56 
58 
60 
61 
61 
84 
91 
111 
114 
126 
129 


247 
104 
566 

81 

37 
ott 
306 
590 
103 
320 
409 
O14 


XI-8 


5D 
5d 
56 
60 
61 
61 
69 
73 
79 
82 
85 
8 

86 


253 


613 
104 

81 
277 
231 
477 

82 
176 
342 
335 
345 

40 


CITATIONS. 

XI-8 (Con.) XI-10 
87 606 61 277 
92 612 92 319 
97 593 104 644 
105 624 
114 147 XI-11 
114 364 57 607 
115 516 61 277 
119 233 61 875 
121 265 65 35 
121 553 65 270 
123 605 66 450 
126 390 67 108 
128 463 68 296 
129 574 69 90 
130 89 69 151 
131 264 72 115 
132 375 739 TT 

73 148 

XI-8% 73 371 

120 399 73 633 
126 406 74 28 
128 462 84 305 
132 441 87 165 
, 90 620 

XI-9 91 590 

61 277 94 391 
62 563 96 356 
62 566 96 608 
81 590 98 556 
85 596 98 684 
87 396 99 560 
92 319 102 489 
94 603 103 114 
95 473 104 644 
98 221 105 616 
104 644 106 283 
109 508 108 327 
114° 123 109 321 
118 309 112 70 
118 362 124 348 
129 527 129 574 
131 466 


XI-12 


99 
100 
102 
102 
104. 
112 
117 
121 
124 
129 


644 

32 
155 
277 
643 
270 
451 

90 
610 
313 

G7 
371 
117 
607 
319 
218 
560 
272 
111 
471. 
644 

70 
5oL 
696 
604 


XI-13 


55 
59 
60 
61 


x 
cc 
Tr 
80 
86 
87 
97 


112 


618 
96 
32 

277 

507 

312 

313 

631 

270 
48 

607 

219 

560 

329 


XI-13 (Con.) 


112 564 
118 308 
125 193 
126 134 


xXx I-14 

55 618 
59 279 
612+ 277 
TY (71 
87 607 


XT-15 
6L 4277 


XI-16 
CGE2iT 
87 607 
92 319 
97 219 

103 4938 
108 565 
112 315 
112 329 
113. 211 


XI-17 

61 277 
87 608 
97 219 
113° 211 


XI-18 
61 (277 
62 642 
74 259 
74 417 
75 505 
92 342 
97, 3219 
99. 413 

107 . 648 


CITATIONS, 

XI-18 (Con.) XII-2 
109 153 62 460 
111 322 125 410 
112 163 
112 313 XII-3 
112 326 62 461 
112 540 97 95 
113 202 108 425 
118 530 111 6&8 
119. 44 116 384 
119 | 227 122 523 
124 67 124 150 
131 397 125 410 

XI-19 NXII-5 
54 246 ISBE CE 
GL) 24 
6LY 277 XITI-7 
62 108 91 340 
62 2382 121 19 
69 466 
69 482 XII-9 
rf 6 107 643 
13° 15 
92 . 342 XIT-10 
93 161 72 466 
98 618 116 100 
118 5 
118 483 XIT-11 
118 584 59 321 
129 402 65 617 
Te Ee 
XI-21 93 308 
72 389 
XII-12 
XIT-1 67 535 
61 38 93 418 
Moe edt 
83 415 XIT-15 
92 316 99 133 
123° 527 115 311 
125. 412 fw 
131. 33 XIT-16 
66 209 


392 


XII-16(Con. 


71 488 
73 183 
83 493 
94 .137 
98 167 
102. 48 
106 58 
107 380 


XII-17 
132 685 


XII-18 
1382 686 


XTI-19 
182 686 


XTI-20 
1382 686 


XJI-21 
109 322 
132 686 


XITI-22 
79 163 
105 544 
132 678 


XIII-1 
56 202 
57 600 
59 336 
62 108 
65 457 
66 603 
97 220 
97 324 
108 192 
lil 8&6 
113 397 
116 23 


393 
XIIT-1(Con.) XIII-9 (Con.) XIV-2(Con.) 


119 521 
128 592 
128 612 
131 613 
132 268 
132 600 


RAll-2 
104 621 


XITI-4 
59 543 
60 58 
66 215 
72 36 
91 11 
96 625 
99 609 

118 492 
123 355 
128 592 
128 610 
131 361 


XITI-5 
59 544 
91 il 
96 626 
99 608 

103 376 
110 541 
131 604 


XITI-8 
56 206 
61 103 
73 623 


XITII-9 
56 102 
56 195 
59 329 
61 55 


CITATIONS. 


67 625 
97 324 


XITII-10 
56 201 


59, 825 ~ 


60 28 
60 58 
62 565 
63 469 
64 483 
83 401 
105 591 
125 499 
128. 593 


XITII-12 
104 63 


XITII-13 
56 202 
83 402 


XIV-1 
60 169 
61 4 
Glee 
62 232 
74 573 
82 303 
90 640 
100 125 
107 225 
112 433 
118 565 
122 286 
129 441 
180 318 


XIV-2 

61 38 
62° 108 
62 233 


82 304 
118 579 
129 441 


XV-2 
182 106 


XVII-1 
111 487 


X VII-2 
88 . 455 


96 118 
XVIL-3 


55 103 
65 13 
68 508 
71 321 
72 240 
88 455 
89 44 
90 47 
96 118 


XVIII-1 
66 633 
69 468 
72 6 
80 213 
102 117 


XIX-1 
84 230 
126 674 


XX-1 
102 119 


XX-4 

80 234 
85 416 
110 451 


| KX-5 


93 400 


x X-9 
58 472 
113 139 


XX-11 
120 375 


XX-15 
61. 353 
89 111 
98 151 
107 623 


XX-16 
55 524 
66 655 
GO La 
82 495 
85 416 
93 155 
100 264 
110 451 
127 392 
132 450 


XX-18 
57 605 
60 82 
96 361 
98 556 


xX X-20 
53 T47 
62 565 
96 291 
99 44 


CITATIONS. 


XXIL1 XXII-1(Con.) 


53 
54 
55 
55 


747 
247 
249 
334 
627 
155 
278 
514 
4 
32 
279 
300 
382 
467 


69 485 
71 312 
75 153 
93 40 
93 424 
114 563 
119 428 
121 551 


XXITI-2 
60 515 


394 


XXII-3 XXII-10(Con.) 


54 186 
54 346 
55 463 
58 90 
60 307 
60 515 
66 204 
114 331 


*xX17-10 


55 611 
56 99 
57 626 
60 307 


62 557 
62 566 
114 333 


XXII-11 
64 235 
64 378 
93 40 

103 491 
114 331 
116 195 


XXII-12 
56 «99 
ST 627 





APPENDIX. 


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THE 


CONSTITUTION | 


OF THE — 


STATE OF CALIFORNIA. 





_ ADOPTED BY THE CONVENTION, OcTOBER 10, 
1849; RavirIEpD BY THE PEOPLE, NovEM- 
BER 13, 1849; ProcuaimMep, DEcEM- 
BER 20,1849; AND AMENDED IN 
1857, 1862, anv 1871. 


PREAMBLE. 


We, the people of California, grateful to Al- 
mighty God for our freedom, in order to secure 
its blessings, do establish this constitution. 


ARTICLE I. 
DECLARATION OF RIGHTS. 


Section 1. All men are by nature free and 


independent, and have certain inalienable rights, 
Constitution—34 (397) 


Art. I, §§ 2-6 CONSTITUTION OF 1849, 398 


among which are those of enjoying and defending 
life and liberty; acquiring, possessing, and pro- 
tecting property, and ‘pursuing and nea 
safety and happiness. 


Sec. 2. All political power is inherent in the 
people. Government is instituted for the pro- 
tection, security, and benefit of the people, and 
they have the right to alter or reform the same 
whenever the public good may require it. 


Sec. 3. The right of trial by jury shall be 
secured to all, and remain inviolate forever; but 
a jury trial may be waived by the parties, in all 
civil cases, in the manner to be prescribed by law. 

Sec. 4. The free exercise and enjoyment of 
religious profession and worship, without dis- 
crimination or preference, shall forever be allowed 
in this state; and no person shall be rendered in- 
* competent to be a witness on account of his opin- 
ions on matters of religious belief; but the liberty 
of conscience hereby secured shall not be so con- 
strued as to excuse acts of licentiousness, or justi- 
fy practices inconsistent with the peace or safety 
of this state. 


Sec. 5. The privilege of the writ of habeas 
corpus shall not be suspended, unless when, in 
cases of rebellion or invasion, the public safety 
may require its suspension. 


Sec. 6. Excessive bail shall not be required, 
nor excessive fines imposed; nor shall cruel or un- 


399 CONSTITUTION OF 1849. Art. I, §§ 7-9 


usual punishments be inflicted ; nor shall witnesses 
be unreasonably detained. 


Sec. 7. All persons shall be bailable by suf- 
ficient sureties, unless for capital offenses when 
the proof is evident or the presumption great. 


Sec. 8. No person shall be held to answer 
for a capital or otherwise infamous crime (ex- 
cept in cases of impeachment, and in cases of 
militia when in actual service, and the land and 
naval forces in time of war, or which this state 
may keep, with the consent of Congress, in time 
of peace, and in cases of petit larceny, under the 
regulation of the legislature) unless on present- 
ment or indictment of a grand jury; and, in any 
trial in any court whatever, the party accused shall 
be allowed to appear and defend, in person and 
with counsel, as in civil actions. No person shall 
be subject to be twice put in jeopardy for the 
same offense; nor shall he be compelled, in any 
criminalk case, to be a witness against himself; nor 
be deprived of life, liberty, or property without due 
process of law; nor shall private property be taken 
for public use without just compensation. 


Sec. 9. Every citizen may freely speak, write, 
and publish his sentiments on all subjects, being 
responsible for the abuse of that right; and no law 
shall be passed to restrain or abridge the liberty 
of speech or of the press. In all criminal prose- 
cutions on indictments for libels, the truth may 


Art. I, §§ 10-16 CONSTITUTION oF 1849. 400 


be given in evidence to the jury; and if it shall 
appear to the jury that the matter charged as 
libelous is true, and was published with good mo- 
tives and for justifiable ends, the party shall be 
acquitted; and the jury shall have the right to 
determine the law and the fact. 


Sec. 10. The people shall have the right free- 
ly to assemble together to consult for the common 
good, to instruct their representatives, and to 
petition the legislature for redress of grievances. 


Sec. 11. All laws of a general nature shall 
have a uniform operation. 


See. 12. The military shall be subordinate to 
the civil power. No standing army shall be kept 
up by this state in time of peace; and, in time of 
war, no appropriation for a standing army shall 
be for a longer time than two years. 


Sec. .13. No soldier shall, in time of peace, 
be quartered in any house without the consent of 
the owner ; nor in time of war, except in the man- 
ner to be prescribed by law. 


Sec. 14. Representation shall be apportioned 
according to population. 

Sec. 15. No person shall be imprisoned for 
debt in any civil action, on mesne or final process, 
unless in cases of fraud; and no person shall be 
imprisoned for a militia fine in time of peace. 


Sec. 16. No bill of attainder, ex post facto 


401 CONSTITUTION OF 1849. Art. I, 8§ 17-22 


law, or law impairing the obligation of contracts, 
shall ever be passed. 


Sec. 17. Foreigners who are or who may here- 
after become bona fide residents of this state, 
shall enjoy the same rights in respect to the 
possession, enjoyment, and inheritance of property, 
as native-born citizens. 


Sec. 18. Neither slavery nor involuntary servi- 
tude, unless for the punishment of crime, shall 
ever be tolerated in this state. — 


Sec. 19. The right of the people to be secure 
in their persons, houses, papers, and effects, 
against unreasonable seizures and scarches, shall 
not be violated; and no warrant shall issue, but 
on probable cause, supported by oath or affirma- 
tion, particularly describing the place to be 
searched and the persons and things to be seized. 


Sec. 20. ‘Treason against the state shall con- 
sist only in levying war against it, adhering to 
its enemies, or giving them aid and comfort. No 
person shall be convicted of treason, unless on the 
evidence of two witnesses to the same overt act, 
or confession in open court. 

Sec. 21. This enumeration of rights shall not 
be construed to impair or deny others retained by 
the people. 

Sec. 22. The legislature shall have no power 
to make an appropriation, for any purpose what- 


Art. II, §§ 1-8 CONSTITUTION OF 1849, 402 


ever, for a longer period than two years. jAdded 
by amendment, ratified September 6, 1871.] 


ARTICLE II. 
RIGHT OF SUFFRAGE. 


Section 1. Every white male citizen of the 
United States, and every white male citizen of 
Mexico who shall have elected to become a citizen 
of the United States, under the treaty of peace 
exchanged and ratified at Queretaro, on the thir- 
tieth day of May, eighteen hundred and forty- 
eight, of the age of twenty-one years, who shall 
have been a resident of the state six months next 
preceding the election, and the county or district 
in which he claims his vote thirty days, shall be 
entitled to vote at all elections which are now or 
hereafter may be authorized by law; provided, 
that nothing herein contained shall be construed 
to prevent the legislature, by a two-thirds concur- 
rent vote, from admitting to the right of suf- 
frage Indians, or the descendants of Indians, in 
such special cases as such a proportion of the 
legislative body may deem just and proper. 


Sec. 2. Electors shall, in all cases except trea- 
son, felony, or breach of the peace, be privileged 
from arrest on the days of election, during their 
attendance at such election, going to and return- 
ing therefrom. 


Sec. 3. No elector shatl be obliged to iano 


as CONSTITUTION oF 1849, Art. III, §1 


militia duty on the day of election, except in time 
of war or public danger. 


Sec. 4. For the purpose of voting, no person 
shall be deemed to have gained or lost a residence 
by reason of his presence or absence while em- 
ployed in the service of the United States, nor 
while engaged in the navigation of the waters of 
this state or of the United States, or of the 
high seas; nor while a student at any seminary of 
learning; nor while kept at any almshouse, or 
other asylum, at public expense; nor while con- 
fined in any public prison. 


Sec. 5. No idiot or insane person, or person 
convicted of any infamous crime, shall be entitled 
to the privileges of an elector. 


Sec. 6. All elections by the people shall be by 
ballot. 


ARTICLE III. 
DISTRIBUTION OF POWERS. 


Section 1. The powers of the government of 
the state of California shall be divided into three 
separate departments: The legislative, the execu- 
tive, and judicial; and no person charged with the 
exercise of powers properly belonging to one of 
these departments shall exercise any functions ap- 
pertaining to either of the others, except in the 
cases hereinafter expressly directed or permitted. 


Art. LV, §§ 1-4 CONSTITUTION OF 1849, 404 


ARTICLE Dye 
LEGISLATIVE DEPARTMENT. 


Section 1. The legislative power of this state 
shall be vested in a senate and assembly, which 
shall be designated the legislature of the state of 
California, and the enacting clause of every law 
shall be as follows: “The People of the State of 
California, represented in Senate and Assembly, 
do enact as follows.” 


Sec. 2. The sessions of the legislature shall be 
biennial, and shall commence on the first Mon- 
- day of December next ensuing the election of its 
members, unless the governor of the state shall, 
in the interim, convene the legislature by procla- 
mation. No session shall continue longer than 
one hundred and twenty days. [Amended 1862. 
The original provided for annual sessions, begin- 
ning on first Monday of January. | 


Sec. 3. The members of the assembly shall be 
chosen biennally, by the qualified electors of their 
respective districts, on the first Wednesday in 
September, unless otherwise ordered by the legis- 
lature, and their term of office shall be two years. 
[Amendment ratified September 3, 1862. The 
original provided for annual elections on the first 
Tuesday after the first Monday in November. | 


Sec. 4. Senators and members of assembly 
shall be duly qualified electors in the respective 
counties and districts which they represent. 


405 CONSTITUTION OF 1849. Art. IV, §§ 5-8 


Sec. 5. Senators shall be chosen for the term 
of four years, at the same time and places as 
members of the assembly; and no person shall be 
a member of the senate or assembly who has not 
been a citizen and inhabitant of the state and of 
the county or district for which he shall be chosen 
one year next before his election. [Amendment 
ratified September 3, 1862. Original made term 
of two years, and residence in county or district 
of six months. | 


Sec. 6. The number of senators shall not be 
less than one-third, nor more than one-half, of 
that of the members of the assembly; and at the 
first session of the legislature after. this section 
takes effect, the senators shall be divided by lot, 
as equally as may be, into two classes. The seats 
of the senators of the first class shall be vacated 
at the expiration of the second year, so that one- 
half shall be chosen biennally. [Amendment 
ratified September 3, 1862. Original provided for 
annual election. | 

Sec. 7. When the number of senators is in- 
creased, they shall be apportioned by lot, so as to 
keep the two classes as nearly equal in number as 
possible. 

Sec. 8. Each house shall choose its own of- 
ficers, and judge of the qualifications, elections, 
and returns of its own members. 


Art. IV, §§ 9-14 CONSTITUTION OF 1849. 406 


Sec. 9. A majority of each house shall con- 
stitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may 
compel the attendance of absent members, in such 
manner and under such penalties as each house 
may provide. 


Sec. 10. Each house shall determine the rules 
of its own proceedings, and may, with the concur- 
rence of two-thirds of all the members elected, 
expel a member. 


Sec. 11. Each house shall keep a journal of 
its own proceedings, and publish the same; and 
the yeas and nays of the members of either house 
on any question shall, at the desire of any three 
members present, be entered on the journal. 


Sec. 12. Members of the legislature shall, in 
all cases except treason, felony, and breach of the 
peace, be privileged from arrest, and shall not 
be subject to any civil process during the session 
of the legislature, nor for fifteen days next be- 
fore the commencement and after the termination 
of each session. 


Sec. 13. When vacancies occur in either house, 
the governor, or the person exercising the func-. 
tions of the governor, shall issue writs of elec- 
tion to fill such vacancies. 

Sec. 14. The doors of each house shall be open, 
except on such occasions as, in the opinion of 
the house, may require secrecy. 


407 CONSTITUTION oF 1849. Art. IV, §§ 15-18 


Sec. 15. Neither house shall, without the con- 
sent of the other, adjourn for more than three 
days, nor to any other place than that in which 
they may be sitting. 

Sec. 16. Any bill may originate in either 
house of the legislature, and all bills passed by 
one house may be amended in the other. 


Sec. 17. Every bill which may have passed 
the legislature shell, before it becomes a law, be 
presented to the governor. If he approve it, he 
shall sign it, but if not he shall return it, with 
his objections, to the house in which it originated, 
which shall enter the same upon the journal, and 
proceed to reconsider it. If, after such recon- 
sideration, it again pass both houses, by yeas and 
nays, by a majority of two-thirds of the members 
of each house present, it shall become a law, not- 
withstanding the governor’s objections. If any 
bill shall not be returned within ten days after 
it shall have been presented to him (Sundays ex- 
cepted), the same shall be a law, in hke manner 
as if he had signed it, unless the legislature, by 
adjournment, prevent such return. 


Sec. 18. The assembly shall have the sole 
power of impeachment, and all impeachments 
shall be tried by the senate. When sitting for 
that purpose, the senators shall be upon oath or 
affirmation; and no person shall be convicted 
without the concurrence of two-thirds of the 
members present. 


Art. IV, §§ 19-21 CONSTITUTION OF 1849. 408 


Sec. 19. The governor, lieutenant-governor, 
secretary of state, controller, treasurer, attorney 
general, surveyor general, justices of the supreme 
court, and judges of the district courts, shall 
be liable to impeachment for any misdemeanor 
in office; but judgment in such cases shall extend 
only to removal from office and disqualification 
to hold any office of honor, trust, or profit under 
the state; but the party convicted or acquitted 
shall, nevertheless, be liable to indictment, trial, 
and punishment according to law. All other 
civil officers shall be tried for misdemeanors in 
office in such a manner as the legislature may 
provide. 


Sec. 20. No senator or member of assembly 
shall, during the term for which he shall have 
been elected, be appointed to any civil office of 
profitunder this state which shall have been created 
or the emoluments of which shall have been in- 
creased during such term, except such offices as 
may be filled by election by the people. 

Sec. 21. No person holding any lucrative office 
under the United States, or any other power, 
shall be eligible to any civil office of profit under 
this state; provided, that officers in the militia to 
which there is attached no annual salary, or local 
officers and postmasters, whose compensation does 
not exceed five hundred dollars per annum, shall 
not be deemed lucrative. 


409 CONSTITUTION OF 1849. Art. IV, §§ 22-27 
Sec. 22. No person who shall be convicted of 
the embezzlement or defalcation of the public 
funds of this state shall ever be eligible to any 
office of honor, trust, or profit under this state; 
and the legislature shall, as soon as practicable, 
pass a law providing for the punishment of such 
embezzlement or defalcation as a felony. 


Sec. 23. No money shall be drawn from the 
treasury but in consequence of appropriations 
made by law. An accurate statement of the re- 
ceipts and expenditures of the public moneys 
shall.be attached to and published with the laws 
at every regular session of the legislature. 


Sec. 24. The members of the legislature shall 
receive for their services a compensation to be fixed ° 
_ by law, and paid out of the public treasury; but 
no increase of the compensation shall take effect 
during the term for which the members of either 
house shall have been elected. 


Sec. 25. Every law enacted by the legislature 
shall embrace but one object, and that shall be 
expressed in the title; and no law shall be revised 
or amended by reference to its title; but in such 
case the act revised or section amended shall be 
re-enacted and published at length. 


Sec. 26. No divorce shall be granted by the 
legislature. 
Sec. 27. No lottery shall be authorized by 


Constitution—35 


Art. IV, $§ 28,29 CONSTITUTION oF 1849. 410 


this state, nor shall the sale of lottery tickets be 
allowed. 


Sec. 28. The enumeration of the inhabitants 
of this state shall be taken, under the direction of 
the legislature, in the year one thousand eight 
hundred and fifty-two and one thousand eight 
hundred and fifty-five, and at the end of every 
ten years thereafter; and these enumerations, to- 
gether with the census that may be taken under 
the direction of the Congress of the United States, 
in the year one thousand eight hundred and fifty 
and every subsequent ten years, shall serve as the 
basis of representation in both houses of the 
legislature. 


Sec. 29. The number of senators and members 
of assembly shall, at the first session of the legis- 
lature holden after the enumerations herein pro- 
vided for are made, be fixed by the legislature, 
and apportioned among the several counties and 
districts to be established by law, according to the 
number of white inhabitants. The number of 
members of assembly shall not be less than twenty- 
four, nor more than thirty-six, until the number 
of inhabitants within this state shall amount to 
one hundred thousand; and, after that period, in 
such ratio that the whole number of members of 
assembly shall never be less than thirty nor more 
than eighty. 


411i - CONSTITUTION OF 1849. Art. IV, §§ 30-33 


Sec. 30. When a congressional, senatorial, or 
assembly district shall be composed of two or 
‘more counties, it shall not be separated by any 
county belonging to another district. No county 
shall be divided in forming a congressional, sena- 
torial, or assembly district * so as to attach one 
portion of a courty to another county; but the 
legislature may divide each county into as many 
congressional, senatorial, or assembly districts as 
such county may by apportionment be entitled to. 
[Words following the * were added by amend- 
ment ratified September 3, 1862.] 


Sec. 31. Corporations may be formed under 
general laws, but shall not be created by special 
act, except for municipal purposes. All general 
laws and special acts passed pursuant to this sec- 
tion may be altered from time to time, or re- 
pealed. 


Sec. 32. Dues from corporations shall be se- 
cured by such individual liability of the corpora- 
tors and other means as may be prescribed by 
law. 


Sec. 33. The term corporations, as used in this 
article, shall be construed to include all associa- 
tions and joint-stock companies having any of 
the powers or privileges of corporations not pos- 
sessed by individuals or partnerships. And all 
corporations shall have the right to sue and shall 
be subject to be sued in all courts, in like cases 
as natural persons. 


Art. IV, §§ 34-39 CONSTITUTION OF 1849. 412 


Sec. 34. The legislature shall have no power 
to pass any act granting any charter for banking 
purposes, but associations may be formed, under 
general laws, for the deposit of gold and silver; 
but no such associations shall make, issue, or put 
in circulation any bill, check, ticket, certificate, 
promissory note, or other paper, or the paper of 
any bank, to circulate as money. 


Sec. 35. The legislature of this state shall 
prohibit by law any person or persons, association, 
company, or corporation from exercising the privi- 
leges of banking or creating paper to circulate as 
money. 


Sec. 36. Each stockholder of a corporation or 
joint-stock association shall be individually and 
‘personally liable for his proportion of all its debts 
and liabilities. 


Sec. 37%. It shall be the duty of the legisla- 
ture to provide for the organization of cities and 
incorporated villages, and to restrict their power 
of taxation, assessment, borrowing money, con- 
tracting debts, and loaning their credit, so as to 
prevent abuses in assessments and in contracting 
debts by such municipal corporations. 


Sec. 38. In all elections by the legislature the 
members thereof shall vote viva voce, and the 
votes shall be entered on the journal. 


Sec. 39. In order that no inconvenience may 
result to the public service from the taking effect 


4138 CONSTITUTION oF 1819. Art. V, §§ 1-4 


of the amendments proposed to article 4 by the 
legislature of eighteen hundred and _ sixty-one, 
no officer shall be suspended or superseded there- 
by until the election and qualification of the sev- 
eral officers provided for in said amendments. 
| New section ratifigéd September 3, 1862.] 


ARTICLE V. 
EXECUTIVE DEPARTMENT. 


Section 1. The supreme executive power of 
this state shall be vested in a chief, magistrate, 
who shall be styled the Governor of the State 
of California. 


Sec. 2. The governor shall be elected by the 
qualified electors, at the time and places of voting 
. for members of the assembly, and shall hold his 
office four years from and after the first Mon- 
day in December subsequent to his election, 
and until his successor is elected and qualified. 
[Amendment ratified September 3, 1862. Orig- 
inal provided for term of two years. | 


See. 3. No person shall be eligible to the office 
of governor (except at the first election) who has 
not been a citizen of the United States and a 
resident of this state two years next preceding the 
election, and attained the age of twenty-five years 
at the time of said election. 


Sec. 4. The returns of every election for gov- 
ernor shall be sealed up and transmitted to the 


Art: Vs §§ 5-8 CONSTITUTION OF 1849, 414 


seat of government, directed to the speaker of the 
assembly, who shall, during the first week’ of the 
session, open and publish them in presence of 
both houses of the legislature. The person having 
the highest number of votes shall be governor; 
but, in case any two or more have an equal and the 
highest number of votes, the legislature shall, by 
Joint vote of both houses, choose one of said per- 
sons so having an equal and the highest number 
of votes, for governor. 


See. 5. The governor shall be commander in 
chief of the militia, the army, and navy of this 
state. 


Sec. 6. He shall transact all executive business 
with the officers of government, civil and military, 
and may require information in writing from the 
officers of the executive department, upon any sub- 
ject relating to the duties of their respective of- 
fices. 


See. 7. He shall see that the laws are faith- 
fully executed. 


Sec. 8. When any office shall, from any cause, 
become vacant, and no mode is provided by the 
constitution and law for filling such vacancy, the 
governor shall have power to fill such vacancy by 
granting a commission, which shall expire at the 
end of the next session of the legislature, or at 
the next election by the people. 


415 CONSTITUTION oF 1849. Art. V, §§ 9-13 


Sec. 9. He may, on extraordinary occasions, 
convene the legislature by proclamation, and shall 
state to both houses, when assembled, the purpose 
for which they shall have been convened. 


Sec. 10. He shall communicate by message to 
the legislature, at every session, the condition of 
the state, and recommend such matters as he shall 
deem expedient. 


Sec. 11. In case of a disagreement between 
the two houses with respect to the time of ad- 
journment, the governor shall have power to ad- 
journ the legislature to such time as he may 
think proper; provided, it be not beyond the time 
fixed for the meeting of the next legislature. 


Sec. 12. No person shall, while holding any 
oifice under the United States, or this state, exer- 
cise the office of governor, except as hereinafter 
expressly provided. 


Sec. 13. The governor shall have the power to 
grant reprieves and pardons after conviction, for 
all offenses, except treason and cases of im- 
peachment, upon such conditions and with such 
restrictions and limitations as he may think prop- 
er, subject to such regulations as may be provided 
by law relative to the manner of applying for 
pardons. Upon conviction for treason, he shall 
have the power to suspend the execution of the 
sentence until. the case shall be reported to the 
legislature at its next meeting, when the legis- 


Art. V, §$ 14-16 CONSTITUTION oF 1849. 416 


lature shall either pardon, direct the execution cf 
the sentence, or grant a further reprieve. He 
shall communicate to the legislature, at the begin- 
ning of every session, every case of reprieve or 
pardon granted, stating the name of the con- 
vict, the crime of which he was convicted, the 
sentence and its date, and the date of the pardon 
or reprieve. 


Sec. 14. There shall be a seal of this state, 
which shall be kept by the governor, ana used 
by him officially and shall be called “The Great 
Seal of the State of California.” 


Sec. 15. All grants and commissions shall be 
in the name and by the authority of the people 
of the state of California, sealed with the great 
seal of the state, signed by the governor, and 
countersigned by the secretary of state. 


Sec. 16. <A lieutenant-governor shall be elected 
at the same time and places, and in the same man- 
ner as the governor; and his term of office, and 
his qualifications of eligibility, shall also be the 
same. He shall be president of the senate, but 
shall only have a casting vote therein. If, dur- 
ing a vacancy of the office of governor, the lieuten- 
ant-governor shall be impeached, displaced, resign, 
die, or become incapable of performing the duties 
of his office, or be absent from the state, the presi- 
dent of the senate shall act as governor until the 
vacancy be filled or the disability shall cease. 


417 CONSTITUTION oF 1849. Art. V, §§ 17-19 


Sec. 17. In case of the impeachment of the 
governor, or his removal from office, death, inabil- 
ity to discharge the powers and duties of the said 
office, resignation, of absence from the state, the 
powers and duties of the office shall devolve upon 
the leutenant-governor for the residue of the 
term, or until the disability shall cease. But 
when the governor shall, with the consent of the 
legislature, be out of the, state in time of war, 
at the head of any military force thereof, he shall 
continue commander in chief of all the military 
force of the state. 


Sec. 18. A secretary of state, a controller, a 
treasurer, an attorney general, and a surveyor 
general shall be elected at the same time and 
places, and in the same manner as the governor 
and lieutenant-governor, and whose term of office 
shall be the same as the governor. [Amendment 
ratified September 3, 1862. ] 


[ORIGINAL SECTION.] 


Sec. 18. A secretary of state, a controller, a treas- 
urer, an attorney general and surveyor general shall 
be chosen in the manner provided in this constitu- 
tion; and the term of office and eligibility of each 
shall be the same as are prescribed for the governor 
and lieutenant-governor. 


Sec. 19. The secretary of state shall keep a 
fair record of the official acts of the legislative 
and executive departments of the government, and 
shall, when required, lay the same, and all mat- 


Art. V, §§ 20,21 CONSTITUTION oF 1849. 418 


ters relative thereto, before either branch of the 
legislature, and shall perform such other duties 
as may be assigned him by law; and in order 
that no inconvenience may result to the public 
service from the taking effect of the amendments 
proposed to said article 5 by the legislature of 
eighteen hundred and sixty-one, no officer shall 
be superseded or suspended thereby, until the 
election and qualification of the several officers 
provided for in said amendments. [Amendment 
ratified September 3, 1862. Original provided 
for appointment of secretary of state by the 
governor. | 


Sec. 20. The controller, treasurer, attorney 
general, and surveyor general, shall be chosen by 
joint vote of the two houses of the legislature at 
- their first session under this constitution, and 
thereafter shall be elected at the same time and 
places, and in the same manner, as the governor 
and lieutenant-governor. 


See. 21. The governor, lieutenant-governor, 
secretary of state, controller, treasurer, attorney 
general, and surveyor general, shall each, at stated 
times during their continuance in office, receive 
for their services a compensation, which shall not 
be increased or diminished during the term for 
which they shall have been elected; but neither 
of these officers shall receive for his own use any 
fees for the performance of his official duties. 


419 CONSTITUTION oF 1849. Art. VI, §§ 1-4 


ARTICLE VI. 


[Before it was revised by amendments ratified 
September 3, 1862. ‘Hor revision, see page 423. | 


JUDICIAL DEPARTMENT. 

Section 1. The judicial power of this state 
shall be vested in a supreme court, in district 
courts, in county courts and in justices of the 
peace. The legislature may also establish such 
municipal and other inferior courts as may be 
deemed necessary. 


Sec. 2. The supreme court shall consist of a 
chief justice and two associate justices, any two 
of whom shall constitute a quorum. 


Sec. 3. The justices of the supreme court shall 
be elected at the general election, by the qualified 
electors of the state, and shall hold their office for 
the term of six years from the first day of January 
next after their election; provided, that the legis- 
lature shall, at its first meeting, elect a chief jus- 
tice and two associate justices of the supreme 
court, by joint vote of both houses, and so classify 
them that one shall go out of office every two years. 
After the first election, the senior justice in com- 
mission shall be the chief justice. 


Sec. 4. The supreme court shall have appellate 
jurisdiction in all cases when the matter in dis- 
pute exceeds two hundred dollars, when the le- 
gality of any tax, toll, or impost, or municipal 


Art. VI, §§ 5,6 CONSTITUTION oF 1849. 420 


fine is in question, and in all criminal cases 
amounting to felony, on questions of law alone. 
And the said court, and each of the justices there- 
of, as well as all district and county judges, shall 
have power to issue writs of habeas corpus at the 
instance of any person held in actual custody. 
They shall also have power to issue all other writs 
and process necessary to the exercise of their ap- 
pellate jurisdiction and shall be conservators of 
the peace throughout the state. 


Sec. 5. The state shall be divided by the first 
legislature into a convenient number of districts, 
subject to such alteration from time to time as 
the public good may require, for each of which a 
district judge shall be appointed by the joint vote 
of the legislature, at its first meeting, who shall 
hold his office for two years from the first day of 
January next after his election; after which, said 
judges shall be elected by the qualified electors 
of their respective districts, at the general elec- 
tion, and shall hold their office for the term of six 
years. 


Sec. 6. The district courts shall have original 
jurisdiction, in law and equity, in all civil cases 
where the amount in dispute exceeds two hundred 
dollars, exclusive of interest. In all criminal 
cases not otherwise provided for; and in all issues 
of fact joined in the probate courts, their juris- 
diction shall be unlimited. 


421 CONSTITUTION oF 1849. Art. VI, $8 7-11 


See. 7. The legislature shall provide for the 
election, by the people, of a clerk of the supreme 
court, and county clerks, district attorneys, sher- 
iffs, coroners and other necessary officers; and 
shall fix by law their duties and compensation. ~ 
County clerks shall be ex officio clerks of the dis- 
trict courts in and for their respective counties. 


Sec. 8. There shall be elected in each of the 
organized counties of this state one county judge, 
who shall hold his office for four years. He shall 
hold the county court and perform the duties of 
surrogate or probate judge. The county judge, 
with two justices of the peace, to be designated ac- 
cording to law, shall hold courts of sessions, with 
such criminal jurisdiction as the legislature shall 
prescribe, and he shall perform such other duties 
as shall be required by law. 


Sec. 9. The county courts shall have such 
jurisdiction, in cases arising in justices’ courts, 
and in special cases, as the legislature may pre- 
scribe, but shall have no original civil jurisdiction, 
except in such special cases. 


Sec. 10. The times and places of holding the 
terms of the supreme court, and the general and 
special terms of the district courts within the 
several districts, shall be provided for by law. 


Sec. 11. No judicial officer, except a justice 
of the peace, shall receive to his own use, any 


fees or perquisites of office. 
Constitution—36 


Art. VI, §3 12-16 CONSTITUTION oF 1849. 422 


Sec. 12. The legislature shall provide for the 
speedy publication of all statute laws, and of such 
judicial decisions as it may deem expedient; and 
all laws and judicial decisions shall be free for 
~ publication by any person. 


Sec. 18. Tribunals for conciliation may be es- 
tablished with such powers and duties as may be 
prescribed by law; but such tribunals shall have 
no power to render judgment to be obligatory on 
the parties, except they voluntarily submit their 
matters in difference, and agree to abide the judg- 
ment, or assent thereto in the presence of such 
tribunal, in such cases as shall be prescribed by 
law. 


Sec. 14. The legislature shall determine the 
number of justices of the peace to be elected in 
each county, city, town, and incorporated village 
of the state, and fix by law their powers, duties 
and responsibilities. It shall also determine in 
what cases appeals may be made from justices’ 
courts to the county court. 


Sec. 15. The justices of the supreme court and 
judges of the district courts shall severally, at 
stated times during their continuance in office, re- 
ceive for their services a compensation to be paid 
out of the treasury. | 


Sec. 16. The justices of the supreme court and 
district judges shall be ineligible to any other of- 


423 CONSTITUTION OF 1849. Art. VI, §§ 1-3 


fice during the term for which they shall have 
been elected. 


Sec. 17. Judges snall not charge juries with 
respect to matters of fact, but may state the tes- 
timony and declare the law. 


ARTICLE VI. 


[As revised by Amendments ratified September 
3, 1862.] 


JUDICIAL DEPARTMENT. 


Section 1. The judicial power of this state 
shall be vested in a supreme court, in district 
courts, in county courts, in probate courts, and in 
justices of the peace, and in such recorders’ and 
other inferior courts as the legislature may es- 
tablish in any incorporated city or town. [1862.] 


Sec. 2. The supreme court shall consist of a 
chief justice and four associate justices. The 
presence of three justices shall be necessary for 
the transaction: of business, excepting such busi- 
ness as may be done at chambers, and the concur- 
rence of three justices shall be necessary to pro- 
nounce a judgment. [1862.] 


Sec. 3. The justices of the supreme court shall 
be elected by the qualified electors of the state at 
special elections to be provided by law, at which 
elections no officer other than judicial shall be 
elected, except a superintendent of public instruc- 


Art. VI, § 4 CONSTITUTION OF 1849. 424 


tion. The first election for justices of the su- 
preme court shall be held in the year eighteen 
hundred and sixty-three. The justices shall hold 
their offices for the term of ten years from the 
first day of January next after their election, ex- 
cept those elected at the first election, who, at 
their first meeting, shall so classify themselves 
by lot that one justice shall go out of office every 
two years. The justice having the shortest term 
to serve shali be the chief justice. [1862.] 


Sec. 4. The supreme court shall have: appel- 
late jurisdiction in all cases in equity; also in all 
cases at law which involve the title or possession 
of real estate, or the legality of any tax, impost, 
assessment, toll, or municipal fine, or in which 
the demand, exclusive of interest or the value of 
the property in controversy, amounts to three hun- 
dred dollars; also in all cases arising in the pro- 
bate courts; and also in all criminal cases amount- 
ing to felony, on questions of law alone. The 
court shall also have power to issue writs of man- 
damus, certiorari, prohibition, and habeas corpus, 
and also all writs necessary or proper to the com- 
plete exercise of its appellate jurisdiction. Hach 
of the justices shall have power to issue writs of 
habeas corpus to any part of the state, upon peti- 
tion on behalf of any person held in actual cus- 
tody, and may make such writs returnable before 
himself, or the supreme court, or before any dis- 


425 CONSTITUTION oF 1849. Art. VI, §§ 5,6 


trict court, or any county court in the state, or 
before any judge of said courts. [1862.] 


Sec. 5. The state*shall be divided, by the legis- 
lature of eighteen hundred and sixty-three, into 
fourteen judicial districts, subject to such alter- 
ation, from time to time, by a two-thirds vote of 
all the members elected to both houses, as the 
public good may require, in each of which there 
shall be a district court, and for each of which 
a district judge shall be elected by the qualified 
electors of the district at the special judicial elec- 
tions to be held as provided for the election of 
justices of the supreme court, by section three of 
this article. ‘The district judges shall hold their 
offices for the term of six years from the first day 
of January next after their election. The legis- 
lature shall have no power to grant leave of ab- 
sence to a judicial officer; and any such officer 
who shall absent himself from the state for up- 
ward of thirty consecutive days shall be deemed 
to have forfeited his office. [1862.]| 


See. 6. The district courts shall have original 
jurisdiction in all cases in equity; also, in all 
cases at law which involve the title or possession 
of real property, or the legality of any tax, im- 
post, assessment, toll, or municipal fine, and in 
all other cases in which the demand, exclusive of 
interest or the value of the property in contro- 
versy, amounts to three hundred dollars; and also 
in all criminal cases not otherwise provided for. 


Art. VI, §§ 7,8 CONSTITUTION OF 1849. 426 


The district courts and their judges shall have 
power to issue writs of habeas corpus, on petition 
by or on behalf of any person held in actual cus- 
tody, in their respective districts. [1862.] 


Sec. 7. There shall be in each of the organized 
counties of the state a county court, for each of 
which a county judge shall be elected by the 
qualified electors of the county, at the special 
judicial election to be held as provided for the 
election of justices of the supreme court by sec- 
tion three of this article. The county judges 
shall hold their offices for the term of four years 
from the first day of January next after their 
election. Said courts shall also have power to 
issue naturalization papers. In the city and 
county of San Francisco the legislature may sep- 
arate the office of probate judge from that of 
county judge, and may provide for the election 
of a probate judge, who shall hold his office for 
the term of four years. [1862.] 


Sec. 8. The county court shall have original 
jurisdiction of actions of forcible entry and de- 
tainer, of proceedings in insolvency, of actions 
to prevent or abate a nuisance, and of all such 
special cases and proceedings as are not other- 
wise provided for; and also such criminal juris- 
diction as the legislature may prescribe; they 
shall also have appellate jurisdiction in all cases 
arising in courts held by justices of the peace and 


427 CONSTITUTION OF 1849. Art. VI, §§ 9-11 


recorders, and in such inferior courts as may be 
established in pursuance of section one of this ar- 
ticle, in their respective counties. The county 
judges shall also hold, in their several counties, 
probate court, and perform such duties as probate 
judges as may be prescribed by law. The county 
courts and their judges shall also have power to 
issue writs of habeas corpus, on petition by or 
on behalf of any person in actual custody in their 
respective counties. [1862.] 


Sec. 9. The legislature shall determine the 
number of justices of the peace to be elected in 
each city and township of the state, and fix by law 
their powers, duties, and responsibilities; pro- 
vided, such powers shall not in any case trench 
upon the jurisdiction of the several courts of 
record. ‘The supreme court, the district courts, 
county courts, the probate courts, and such other 


courts as the legislature shall prescribe, shall be 
courts of record. [1862.] 


Sec. 10. The legislature shall fix by law the 
jurisdiction of any recorder’s or other inferior 
municipal court which may be established in pur- 
suance of section one of this article, and shall 
fix by law the powers, duties, and responsibilities 
of the judges thereof. [1862.] 


Sec. 11. The legislature shall provide for the 
election of a clerk of the supreme court, county 
clerks, district attorneys, sheriffs, and other nec- 


Art. VI, §§ 12-15 CONSTITUTION OF 1849. 428 


essary officers, and shall fix by law their duties 
and compensation. County clerks shall be ex 
ofi.cio clerks of the courts of record in and for 
their respective counties. The legislature may 
also provide for the appointment by the several 
district courts of one or more commissioners in 
the several counties of their respective districts, 
with authority to perform chamber business of 
the judges of the district courts and county courts, 
and also to take depositions, and to perform such 
other business connected with the administration 
of justice as may be prescribed by law. [1862.] 


Sec. 12. The times and places of holding the 
terms of the several courts of record shall be bt 
vided for by law. [1862.] 


Sec. 13. No judicial officer, except justices of 
the peace, recorders, and commissioners shall re- 
ceive to his own use any fees or perquisites of of- 
fice. [1862.] 


Sec. 14. The legislature shall provide for the 
speedy publication of such opinions of the su- 
preme court as it may deem expedient; and all 
opinions shall be free for publication by any 
person. [1862.] 

Sec. 15. The justices of the supreme court, 
district judges, and county judges, shall severally, 
at stated times during their continuance in office, 
receive for their services a compensation, which 
shall not be increased or diminished, during the 


429 CONSTITUTION OF 1849. Art. VII, §1 


term for which they shall have been elected; pro- 
vided, that county judges shall be paid out of 
the county treasury of their respective counties. 
[ 1862. ] 


Sec. 16. The justices of the supreme court, 
and the district judges, and the county judges, 
shall be ineligible to any other office than a ju- 
dicial office during the term for which they shall 
have been elected. [1862.] 


Sec. 17%. Judges shall not charge juries with 
respect to matters of fact, but may state the tes- 
timony and declare the law. [1862.| 


- Sec. 18. The style of all process shall be: 
“The People of. the State of California,” and all 
prosecutions shall be conducted in their name and 
by their authority. [1862.] 

Sec. 19. In order that no inconvenience may 
result to the public service from the taking effect 
of the amendments proposed to said article 6, by 
the legislature of eighteen hundred and sixty-one, 
no officer shall be superseded thereby, nor shall 
the organization of, the several courts be changed 
thereby, until the election and qualification of the 
several officers provided for in said amendment. 
[ 1862. ] 

ARTICLE VII. 
MILITIA. 


Section 1. The legislature shall provide by 
law for organizing and disciplining the militia, 


Art. VIII, §1 -coNSsTITUTION oF 1849. 430 


in such manner as they shall deem expedient, not 
incompatible with the constitution and laws of 
the United States. 


Sec. 2. Officers of the militia shall be elected 
or appointed in such manner as the legislature 
shall from time to time direct, and shall be com- 
missioned by the governor. 


Sec. 8. The governor shall have power to call 
forth the militia to execute the laws of the state, 
to suppress insurrections, and repel invasions, 


ARTICLE VIII. 
STATE DEBTS. 


Section 1. The legislature shall not in any 
manner create any debt or debts, liability or lia- 
bilities, which shall, singly or in the aggregate, 
with any previous debts or liabilities, exceed the 
sum of three hundred thousand dollars, except in 
case of war, to repel invasion, or suppress insur- 
rection, unless the same shall be authorized by 
some law for some single object or work, to be 
distinctly specified therein, which law shall pro- 
vide ways and means, exclusive of loans, for the 
payment of the interest of such debt or liability 
as it falls due, and also to pay and discharge the 
prine:pal of such debt or habilty within twenty 
years from the time of the contracting thereof, 
and shall be irrepealable until the principal and 
interest thereon shall be paid and discharged; but 


1S 


431 CONSTITUTION OF 1849. Art. IX, §§$1,2 


no such law shall take effect until, at a general 
election, it shall have been submitted to the peo- 
ple and have received’a majority of all the votes 
cast for and against it at such election; and all 
money raised by authority of such law shall be 
applied only to the specific object therein stated, 
or to the payment of the debt thereby created; 
and such law shall be published in at least one 
newspaper in each judicial district, if one be pub- 
lished therein, throughout the state, for three 
months next preceding the election at which it is 
submitted to the people. 


AU ETC Tas 1X; 
- EDUCATION. 


Section 1. A superintendent of public instruc- 
tion shall, at the special election for judicial offi- 
cers to be held in the year eighteen hundred and 
sixty-three, and every four years thereafter, at 
such special elections, be elected by the qualified 
voters of the state, and shall enter upon the du- 
ties of his office on the first day of December next 
after his election. [Amendment ratified Septem- 
ber 3, 1862. Original provided for term of three 
years and election at the general election. | 


Sec. 2. The legislature shall encourage, by all 
suitable means, the promotion of intellectual, sci- 
entific, moral, and agricultural improvement. The 
proceeds of all lands that may be granted by the 


Art. IX, §§ 3,4 CONSTITUTION oF 1849. 432 


United States to this state for the support of 
schools, which may be sold or disposed of, and the 
five hundred thousand acres of land granted to 
the new states, under an act of Congress distrib- 
uting the proceeds of the public lands among the 
several states of the Union, approved. A. D. one 
thousand eight hundred and forty-one, and all 
estates of deceased persons who may have died 
without leaving a will or heir, and also such per 
cent as may be granted by Congress on the sale 
of lands in this state, shall be and remain a per- 
petual fund, the interest of which, together with 
all the rents of the unsold lands, and such other 
means as the legislature may provide, shall be in- 
violably appropriated to the support of common 
schools throughout the state. 


Sec. 3. The legislature shall provide for a 
system of common schools, by which a school shall 
be kept up and supported in each district at least 
three months in every year; and any school dis- 
trict neglecting to keep up and support such a 
school may be deprived of its proportion of the 
interest of the public fund during such neglect. 


Sec. 4. The legislature shall take measures 
for the protection, improvement, or other disposi- 
tion of such lands as have been or may hereafter 
be reserved or granted by the United States, or 
any person or persons, to this state, for the use 
of a university; and the funds accruing from the 
rents or sale of such lands, or from any other 


433 CONSTITUTION OF 1849. Art. X, §I 


source, for the purpose aforesaid, shall be and 
remain a permanent fund, the interest of which 
shall be applied to the support of said university, 
with such branches as the public convenience may 
demand, for the promotion of literature, the arts 
and sciences, as may be authorized by the terms 
of such grant. And it shall be the duty of the 
legislature, as soon as may be, to provide effectual 
means for the improvement and permanent secu- 
rity of the funds of said university. 


ARTICLE X. 


MODE OF AMENDING AND REVISING THE CON- 
STITUTION. 

Section 1. Any amendment or amendments 
to this constitution may be proposed in the senate 
or assembly; and if the same. shall be agreed to 
by a majority of the members elected to each of 
the two houses, such proposed amendment or 
amendments shall be entered on their journals, 
with the yeas and nays taken thereon, and re- 
ferred to the legislature then next to be chosen, 
and shall be published for three months next pre- 
ceding the time of making such choice. And if, 
in the legislature next chosen as aforesaid, such 
proposed amendment or amendments shall be 
agreed to by a majority of all the members elected 
to each house, then it shall be the duty of the legis- 
lature to submit such proposed amendment or 
amendments to the ‘people, in such manner and 


Constitution—37 


ALLIS S42 CONSTITUTION OF 1849, » 434 


at such time as the legislature shall prescribe; 
and if the people shall approve and ratify such 
amendment or amendments, by a majority of the 
electors qualified to vote for members of the legis- 
lature voting thereon, such amendment or amend- 
ments shall become part of the constitution. 


Sec. 2. And if at any time two-thirds of the 
senate and assembly shall think it necessary to 
revise and change this entire constitution, they 
shall recommend to the electors at the next elec- 
tion for members of the legislature to vote for 
or against a convention; and if it shall appear 
that a majority of the electors voting at such 
election have voted in favor of calling a conven- 
tion, the legislature shall, at its next session, pro- 
vide by law for calling a convention, to be holden 
within six months after the passage of such law; 
and such convention shall consist of a number of 
members not less than that of both branches of 
the legislature.* ‘The constitution that may have 
been agreed upon and adopted by such convention 
shall be submitted to the people, at a special elec- 
tion to be provided for by law, for their ratifica- 
tion or rejection. Each voter shall express his 
opinion by depositing in the ballot box a ticket, 
whereon shall be written or printed the words 
“For the new constitution,” or “Against the new 
constitution.” The returns of such election shall, 
in such manner as the convention shall direct, be 
certified to the executive of the state, who shall 


435 CONSTITUTION OF 1849. Art. XI, §§ 1, 2 


call to his assistance the controller, treasurer, and 
secretary of state, and compare the votes so cer- 
tified to him. If, by such examination, it be as- 
certained that a majority of the whole number of 
votes cast at such election be in favor of such 
new constitution, the executive of this state shall, 
by his proclamation, declare such new constitu- 
tion to be the constitution of the state of Califor- 
nia. [Words after the * were added by amend- 
ment ratified November 4, 1856.] 


ARTICLE XI. 
MISCELLANEOUS PROVISIONS. 


Section 1. The first session of the legislature 
shall be held at the Pueblo de San José, which 
place. shall be the permanent seat of government 
until removed by law; provided, however, that 
two-thirds of all the members elected to each 
house of the legislature shall concur in the pas- 
sage of such law. 


Sec... 2. Any citizen of this state who shall, 
after the adoption of this constitution, fight a 
duel with deadly weapons, or send or accept a 
challenge to fight a duel with deadly weapons, 
either within this state or out of it, or who shall 
act as second or knowingly aid or assist in any 
manner those thus offending, shall not be allowed 
to hold any office of profit or to enjoy the right 
of suffrage under this constitution. 


Art. XI, §§ 3-6 CONSTITUTION OF 1849. 436 


Sec. 3. Members of the legislature: and all 
officers, executive and judicial, except such in- 
ferior officers as may be by law exempted, shall, 
before they enter on the duties of their respective 
offices, take and subscribe aS Te oath or 
affirmation : 

“T do solemnly swear (or affirm, as the case 
may be) that I will support the constitution of 
the United States and the constitution of the 
state of California, and that I will faithfully dis- 
charge the duties of the office of , accord- 
ing to the best of my ability.” 

And no other oath, declaration, or test shall 
be required as a qualification for any office or 
public trust. 





Sec. 4. The legislature shall establish a sys- 
tem of county and town governments, which shall 
be as nearly uniform as practicable throughout 
the state. 


Sec. 5. The legislature shall have power to 
provide for the election of a board of supervisors 
in each county, and these supervisors shall jointly 
and individually perform such duties as may be 
prescribed by law. 


Sec. 6. All officers whose election or appoint- 
ment is not provided for by this constitution, and 
all officers whose offices may hereafter be created 
by law, shall be elected by the people, or appoint- 
ed, as the legislature may direct. 


437 CONSTITUTION OF 1849. Art. XI, §§ 7-13 


Sec. 7. When the duration of any office is not 
provided for by this constitution, it may be de- 
clared by law; and if not so declared, such office 
shall be held during the pleasure of the authority 
making the appointment; nor shall the duration 
of any office not fixed by this constitution ever 
exceed four years. ; 


See. 8. The fiscal year shall commence on the 
first day of July. 


Sec. 9. Each county, town, city, and incorpo- 
rated village shall make provision for the support 
of its own officers, subject to such restrictions and 
regulations as the legislature may prescribe. 


Sec. 10. The credit of the state shall not in any 
manner be given or loaned to or in aid of any 
individual, association, or corporation; nor. shall 
the state, directly or indirectly, become a stock- 
holder in any association or corporation. 


Sec. 11. Suits may be brought against the 
state in such manner and in such courts as shall 
be directed by law. 

See. 12. No contract of marriage, if other- 
wise duly made, shall be invalidated for want of 
conformity to the requirements of any religious 
sect. 

Sec. 13. Taxation shall be equal and uniform 


throughout the state. All property in this state 
shall be taxed in proportion to its value, to be 


Art. XI, §§ 14-18 cOoNSTITUTION OF 1849. 438 


ascertained as directed by law; but assessors and 
collectors of town, county, and state taxes shall be 
elected by the qualified electors of the district, 
county, or town in which the property taxed for 
state, county, or town purposes is situated. 


Sec. 14. All property, both real and personal, 
of the wife, owned or claimed by her before mar- 
riage, and that acquired afterward by gift, devise, 
or descent, shall be her separate property, and 
laws shall be passed more clearly defining the 
rights of the wife in relation as well to her sepa- 
rate property as to that held in common with her 
husband. Laws shall also be passed providing 
for the registration of the wife’s separate prop- 
erty. | 

Sec. 15. The legislature shall protect by law 
from forced sale a certain portion of the home- 
stead and other property of all heads of families. 


Sec. 16. No perpetuities shall be allowed ex- 
cept for eleemosynary purposes. 


Sec. 1%. Every person shall be disqualified 
from holding any office of profit in this state who 
shall have been convicted of having given or of- 
fered a bribe to procure his election or appoint- 
ment. 

Sec. 18. Laws shall be made to exclude from 


office, serving on juries, and from the right of 
suffrage, those who shall hereafter be convicted 


439 | CONSTITUTION OF 1849... Art. XII, §1 


of bribery, perjury, forgery, or other high crimes. 
The privilege of free suffrage shall be supported 
by laws regulating elections, and prohibiting, un- 
der adequate penalties, all undue influence thereon 
from power, bribery, tumult, or other improper 
practice. 


Sec. 19. Absence from this state on business 
of the state or of the United States shall not af- 
fect the question of residence of any person. 


Sec. 20. A plurality of the votes given at any 
election shall constitute a choice, where not oth- 
erwise directed in this constitution. 


Sec. 21. All laws, decrees, regulations, and 
provisions which from their nature require publi- 
cation shall be published in English and Spanish. 


ARTICLE XII. 
BOUNDARY. 


Section 1. The boundary of the state of Cali- 
fornia shall be as follows: 

Commencing at the point of intersection of 
forty-second degree of north latitude with the 
one hundred twentieth degree of longitude west — 
from Greenwich, and running south on the 
line of said one hundred twentieth degree of west 
longitude until it intersects the thirty-ninth de- 
gree of north latitude; thence running in a 
straight line in a cpniheadietty direction to the 
River Colorado, at a point where it intersects the 


~ 


Schedule, §§ 1-3. CONSTITUTION oF 1849. 440 


thirty-fifth degree of north latitude; thence down 
the middle of the channel of said river to the 
boundary line between the United States and 
Mexico, as established by the treaty of May thir- 
tieth, one thousand eight hundred and forty-eight; 
thence, running west and along said boundary 
line, to the Pacific Ocean, and extending therein 
three English miles; thence, running in a north- 
westerly direction and following the direction of 
- the Pacific Coast, to the forty-second degree of 
north latitude; thence, on the line of said forty- 
second degree of north latitude, to the place of 
beginning. Also, all the islands, harbors, and 
bays along and adjacent to the coast. 


SCHEDULE: 


Section 1. All rights, prosecutions, claims, 
and contracts, as well of individuals as of bod- 
les corporate, and all laws in force at the time 
of the adoption of this constitution and not in- 
consistent therewith, until altered or repealed by 
the legislature, shall continue as if the same had 
not been adopted. 


Sec. 2. The legislature shall provide for the 
removal of all causes which may be pending when 
this constitution goes into effect to courts created 
by the same. 


e@ 
Sec. 3. In order that no inconvenience may 


result to the public service from the taking effect 


441 - CONSTIYVUTION OF 1849. Schedule, §§ 4-6 


of this constitution, no office shall be superseded 
thereby nor the laws relative to the duties of the 
several officers be changed until the entering into 
office of the new officers to be appointed under 
this constitution. 


Sec. 4. The provisions of this constitution: 
concerning the term of residence necessary to en- 
able persons to hold certain offices therein men- 
tioned, shall not be held to apply to officers chosen 
by the people at the first election, or by the legis- 
lature at its first session. 


Sec. 5. Every citizen of California declared a 
legal voter by this constitution, and every citizen 
of the United States a resident of this state on 
the day of election, shall be entitled to vote at the 
first general election under this constitution, and 
on the question of the adoption thereof. 


Sec. 6. This constitution shall be submitted to 
the people for their ratification or rejection at the 
general election to be held on Tuesday, the thir- 
veenth day of November next. The executive of 
the existing government of California is hereby 
requested to issue a proclamation to the people, 
directing the prefects of the several districts, or, 
in case of vacancy, the subprefects or senior judge 
of first instance, to cause such election to be 
held on the day aforesaid in their respective dis- 
tricts. The election shall be conducted in the 
manner which was prescribed for the election of 


Schedule, §6 CONSTITUTION OF 1849. . 442 


delegates to this convention, except that the pre- 
fects, subprefects, or senior judge of first instance 
ordering such election in each district shall have 
power to designate any additional number of 
places for opening the polls, and that in every 
.place of holding the election a regular poll list 
shall be kept by the judges and inspectors of elec- 
tion. It shall also be the duty of these judges 
and inspectors of election, on the day aforesaid, 
to receive the votes of the electors qualified to vote 
at such election. Each voter shall express his 
opinion by depositing in the ballot box a ticket 
whereon shall be written or printed, “Yor the 
constitution,’ or “Against the constitution,” or 
some such words as will distinctly convey the in- 
tention of the voter. These judges and inspectors 
shall also receive the votes for the several officers 
to be voted for at the said election, as herein pro- 
vided. At the close of the election the judges and 
inspectors shall carefully count each ballot, and 
forthwith make duplicate returns thereof to the 
prefect, subprefect, or senior judge of first in- 
stance, as the case may be, of their respective dis- 
tricts; and said prefect, subprefect, or senior 
judge of first instance shall transmit one of the 
same, by the most safe and rapid conveyance, 
to the secretary of state. Upon the receipt of 
said ‘returns, or on the tenth day of December 
next, if the returns be not sooner received, it shall 
be the duty of a board of canvassers, to consist of 


443 CONSTITUTION OF 1849. Schedule, §§ 7-9 


the secretary of state, one of the judges of the su- 
perior court, the prefect, judge of first instance, 
and an alcalde of the district of Monterey, or any 
three of the aforementioned officers, in the pres- 
ence of all who shall choose to attend, to compare 
the votes given at said election, and to immedi- 
ately publish an abstract of the same in one or. 
more of the newspapers of California. And the 
executive will also, immediately after ascertain- 
ing that the constitution has been ratified by the 
people, make proclamation of the fact; and thence- 
forth this constitution shall be ordained and es- 
tablished as the constitution of California. 


See. %. If this constitution shall be ratified 
by the people of California, the executive of the 
existing government is hereby requested, imme- 
diately after the same shall be ascertained, in the 
“manner herein directed, to cause a fair copy 
thereof to be forwarded to the President of the 
United States, in order that he may lay it before 
the Congress of the United States. 


Sec. 8. At the general election aforesaid, viz.: 
the thirteenth day of November next, there shall 
be elected a governor, lieutenant-governor, mem- 
bers of the legislature, and also two members of 
Congress. 

_ See. 9. If this constitution shall be ratified by 
the people of California, the legislature shall as- 
semble at the seat of government on the fifteenth 


Schedule, §§ 10-12 CONSTITUTION OF 1849. 444 


day of December next; and in order to complete 
the organization of that body the senate shall elect 
a president pro tempore, until the lieutenant-gov- 
ernor shall be installed into office. 


Sec. 10. On the organization of the legislature, 
it shall be the duty of the secretary of state to 
lay before each house a copy of the abstract made 
by the board of canvassers, and, if called for, the 
original returns of election, in order that each 
house may judge of the correctness of the report 
of said board of canvassers. 


Sec. 11. The legislature, at its first session, 
shall elect such officers as may be ordered by this 
constitution to be elected by that body, and within 
four days after its organization, proceed to elect 
two senators to the Congress of the United States. 
But no. law passed by this legislature shall take ef- 
fect until signed by the governor after his instal- 
lation into office. 


Sec. 12. The senators and representatives of 
the Congress of the United States elected by the 
legislature and people of California, as herein di- 
rected, shall be furnished with certified copies of 
this constitution, when ratified, which they shall 
lay before the Congress of the United States, re- 
questing, in the name of the people of California, 
the admission of the State of California into the 
American Union. 


445 CONSTITUTION oF 1849. Schedule, §§ 13, 14 


Sec. 13. All officers of this state, other than 
members of the legislature, shall be installed into 
office on the fifteenth day of December next, or 
as soon thereafter as practicable. 


Sec. 14. Until the legislature shall divide the 
state into counties and senatorial and assembly 
districts, as directed by this constitution, the fol- 
lowing shall be the apportionment of the two 
houses of the legislature, viz: The districts of San 
Diego and Los Angeles shall jointly elect two sen- 
ators; the districts of Santa Barbara and San Luis 
Obispo shall jointly elect one senator; the district 
of Monterey, one senator; the District of San 
José, one senator; the district of San Francisco, 
two senators; the district of Sonoma, one 
senator; the district of Sacramento, four sen- 
ators; and the district of San Joaquin, four sen- 
ators. And the district of San Diego shall 
elect one member of the assembly; the dis- 
trict of Los Angeles, two members of assembly ; 
the district of Santa Barbara, two members of 
assembly; the district of San Luis Obispo, one 
member of assembly ; the district of Monterey, two 
members of assembly; the district of San José, 
three members of assembly; the district of San 
Francisco, five members of assembly; the district 
of Sonoma, two members of assembly; the district 
of Sacramento, nine members of assembly; and 
the district of San Joaquin, nine members of as- 
sembly. 


Constitution—38 


Schedule, §§ 15,16 CONSTITUTION OF 1849. 446_ 


Sec. 15. Until the legislature shall otherwise 
direct, in accordance with the provisions of this 
constitution, the salary of the governor shall be 
ten thousand dollars per annum; and the salary 
of the lieutenant-governor shall be double the pay 
of a state senator; and the pay of members of the 
legislature shall be sixteen dollars per diem while 
in attendance, and sixteen dollars for every twenty 
miles traveled by the usual route from their resi- 
dences to the. place of holding the session of the 
legislature, and in returning therefrom. And the 
legislature shall fix the salaries of all officers other 
than those elected by the people at the first elec- 
tion. 


Sec. 16. The limitation of the powers of the 
legislature contained in article 8 of this constitu- 
tion shall not extend to the first legislature elected 
under the same, which is hereby authorized to 
negotiate for such amount as may be necessary to 
pay the expenses of the state government. 

; R. SEMPLE, 
President, and Delegate from Benicia. 
Wm. G. Marcy, Secretary. 


Joseph Aram, Pablo De La Guerra, 
Ch. T. Botts, Lewis Dent, 

Elam Brown, Kimball H. Dimmick, 
Elisha O. Crosby, A. J. Ellis, 

José M. Covarubias, José Anto Carrillo, 


Stephen C. Foster, Wm. M. Gwin, 


447. CONSTITUTION OF 1849. Signers 


Edw. Gilbert, 
Henry Hill, 

J. D. Hoppe, 
Joseph Hobson, 
Julian Hanks, 
H. W. Halleck, 
L. W. Hastings, 


Miguel D. Pedrorena, 
M. M. McCarver, 
Antonio Ma. Pico, 
Jacinto Rodriguez, 
Hugh Reid, 

J. A. Sutter, 

Jacob R. Snyder, 


J.McHenry Hollinsworth, Winfield Scott Sherwood, 


Jas. McHall Jones, 
Thomas O. Larkin, 
Francis J. Lippitt, 
Benj. S. Lippincott, 
Benj. F. Moore, 
Rodman M. Price, 
Jno. McDougall, 
Man’l Dominguez, 
Myron Norton, 
Pacificus Ord, 


William E. Shannon, 
Abel Stearns, 

P. Sansevaine, 

Wm. M. Steuart, 
Henry A. Tefft, 

M. G. Vallejo, 

Thos. L. Vermeule, 
J. P. Walker, 

O. M. Wozencraft. 


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THE 


CONSTITUTION 


OF THE 


Pe ED SA LES. 


(449) 


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CONTENTS. 


Preamble. 


ARTICLE I. 


Sec. 1.—Legislative power vested in Congress. 


Sec. 2.—1. 


2. 


" 


Vv. 


See. 3.—1. 


Senate and House of Legislature. 
Representatives, election of. 

qualification of electors 
Qualifications of members. 
Apportionment of Representatives. 

of direct taxes. 
Census to be taken decennially. 
Ratio of representation. 


. Vacancies in representation. 


Executive to order election to fill. 


. House to choose its own officers. 


to have sole power of impeachment. 

Senate, of what composed. 
Senators, how and when chosen. 
each to have one vote. 


. Senators to be divided into three classes. 


first class to vacate in two years. 
second class in four years. 
tnird class at end of sixth year. 


one-third to be chosen every second 


year. 


vacancies during recess to be tempo- 


rarily filled. 


. Qualifications for Senator. 


thirty years of age. 
nine years a citizen. 


to be inhabitant of State for which 


chosen. 
(451) 


CONTENTS OF CONSTITUTION OF U. S. 452 


4. Vice-President to be President of Senate. 
to have no vote except in case of a tie. 
5. Senate to choose other officers. 
to choose President pro tem. in ab- 
sence of Vice-President. 
6. Senate to have sole power to try impeach- 


ments, 
when so sitting, to be on oath or af- 
firmation. 
Chief Justice to preside on trial of 
President. 


concurrence of two-thirds necessary 
for conviction. 
7. Judgment on conviction, extent of. 
not to operate against trial according 
to law. 


Sec. 4.1. Time and mode of elections to be fixed by 
State Legislatures. 
Congress may alter State regulations. 
except as to the place of elections. 
2. Congress to assemble at least once a year. 
meeting to be on first Monday of De- 
cember. 
unless otherwise appointed by law. 
Sec. 5.—1. Each house to judge the elections, returns, 
and qualifications of its members. 
majority to constitute a buses 
quorum. 
Smaller number may adjourn and com- 
pel attendance. 
penalties may be prescribed for non- 
attendance. 
2. Each house may determine rules of its 
proceedings. 
may punish for disorderly behavior. 
with concurrence of two-thirds may 
expel. 
3. Each house shall keep a journal of pro- 
ceedings. 
may publish the same. 
yeas and nays to be entered on desire 
of ‘one-tifth. 


458 CONTENTS OF CONSTITUTION OF U. 8. 


4. Neither house shall adjourn for more than 
three days without consent of the other. 
nor to any other place than that in 
which they are sitting. 
Sec. 6.—1. Compensation for services to be fixed by 
law. 
to be paid out of U. S. Treasury. 
Members to be privileged from arrest dur- 
ing the session. 
except for treason, felony, and breach 
of peace. 
to be privileged in going to and return- 
ing from the sessions. 
for speech or debate not to be ques- 
tioned elsewhere. 

2. No member to be eligible for a civil of- 
fice under Government created or in- 
creased in emoluments during his term. 

no person holding U. S. office to be 
eligible as a member. 


Sec. 7.—1. Bills for raising revenue to originate in the 
House, but the Senate may propose or 
concur with amendments. 

2. Every bill to be presented to the President 
for his approval. 
if returned, objections to be entered 
on the journal. 
to be reconsidered. 
on concurrence of two-thirds, the bill 
to be sent to other house. 
if approved by two-thirds, to become a 
law. 
the vote of both houses to be by yeas 
and nays. 
names of members voting to be en- 
tered on journals. 
if bill not returned by President in ten 
days, to be a law, unless Congress, 
by adjournment, prevent the return. 
8. Concurrent resolutions to be presented to 
the President except on question of ad- 
journment. é 
if disapproved, require two-thirds to 
pass them. 


CONTENTS OF CONSTITULION OF U. S. 45-4 


* 


Sec. 8.—1. Congress shall have power to lay and col- 


10. 


ae 


12, 


13. 


lect taxes, duties, imposts, and excises. 


to pay debts and provide for common 
defense and general welfare. 


all duties, imposts, and excises to be 


uniform. 
to borrow money on credit of U. 8. 
to regulate commerce. 
with foreign nations. 
among the several States. 
and with the Indian tribes. 
to establish uniform rule of naturali- 
zation, and uniform laws on subject 
of bankruptcies. 
to coin money and regulate its value, 
and fix the standard of weights and 
measures. 
to provide for punishment of counter- 
feiting securities and coin of U. S. 
to establish postoffices and postroads. 
to promote progress of science and 
useful arts by securing to authors 
and inventors exclusive rights. 
to constitute tribunals inferior to Su- 
preme Court. 
to define and punish piracies and fel- 
onies on high seas, and offenses 
against law of nations. 
to declare war. 
grant letters of marque and re- 
prisal and make rules concern- 
ing captures. 
to raise and support armies. 
appropriations to be limited to two 
years. 
to provide and maintain a navy. 


14. To make rules for government of land and 


naval, forces. 


15. To provide for calling forth the militia. 


to execute laws, suppress insurrec- 
tions, ete. 


16. To provide for organizing and arming the 


militia. 


455 


TY: 


18. 


See. 9.—1. 


Qn P wl 


CO 


Sec. 10.—1. 


CONTENTS OF CONSTITUTION OF U. 8. 


for governing them when in employ of 
Government. 
authority of States as to appointment 
of officers reserved. 
also as to disciplining militia. 
To exercise exclusive legislation over seat 
of government. 
and over sites of public works or 
buildings. 
To make all laws necessary and proper 
to carry out its powers. 
Migration or importation of slaves, re- 
striction of. 
tax or duty may be imposed. 
Habeas corpus not to be suspended except. 


. No bill of attainder or ex post facto law to 


be passed. 


. No direct tax unless in proportion to 


census. 


. No tax or duty on exports from any State. 
. No preference to be given in commerce or 


revenue to ports of any State. 
no entry, clearance, or duties on ves- 
sels bound to or from States. 


. Money to be drawn only on appropriations 


made by law. 
statements of receipts and expendi- 
tures to be published. 


. No title of nobility to be granted. 


no officer to accept presents from for- 
eign powers. 
No State to enter into any treaty, alliance, 
or confederation. 
or grant letters, of marque and re- 
prisal. 
or coin money. 
or emit bills of credit. 
or make anything but gold and silver 
a legal tender. 
or pass any bill of attainder. 
or ex post facto law. 
or law impairing obligation of con- 
tract. 
or grant any title of nobility. 


CONTENTS OF CONSTITUTION OF U. 8. 456 


2. No State, without consent of Congress, 
shall lay any imposts or duties. 
except absolutely necessary. 
and the net produce to be for use of 
Government. 
and the laws subject to revision of 
Congress. 
3. No State, without consent of Congress, to 
lay duty on tonnage. 
or keep troops or ships of war in time 
of peace. 
or enter into any agreement or com- 
pact with other States, or with a 
foreign power. 
unless actually invaded or in immi- 
nent danger. 


ARTICLE II. 


See. 1.—1. The executive power is vested in a Presi- 
dent. 
his term of office shall be four years. 
the term of office of Vice-President 
shall be the same. 
they shall be elected together. 
Each State shall appoint Presidential elec- 
tors. 
to be in number equal to the whole 
number of their Senators and Rep- 
resentatives. 
no Senator or Representative or public 
U. S. officer shall be an elector. 
3. Manner of voting by electors. 
REPEALED. See XIIth Amendment. 
4. Congress may determine time of choos- 
ing electors. 
and the day of their meeting to elect. 
to be the same throughout the W. S. 
5. Natural-born citizens alone eligible for 
President. 
to have attained the age of thirty- 
five, and been fourteen years a resi- 
dent. 
6. The Vice-President to assume the duties of 
_ President in case of his death, resigna- 
tion, ete. 


to 


457 CONTENTS OF CONSTITUTION OF U. 8. 


Congress may by law provide for the case 
of death, resignation, etc., of the Presi- 
dent. - 

and declare what officer shall then act. 

7, The compensation of the President shall 
not be increased or diminished during 
his term of office. 

and he shall not receive during that 
period any other emolument. 

8. Oath or affirmation of President. 


See, 2.—1. President shall be Commander in Chief of 
Army and Navy. 
and of the Militia of the several States, 
when in service of the U. S. 
may require written opinions of execu- 
tive officers.. 
may grant reprieves and pardons, ex- 
cept in impeachments. 
2. By and with consent of Congress, may 
make treaties. 
and shall nominate and appoint Am- 
bassadors, ete. 
and all other officers whose appoint- 
ments are not otherwise provided 
for. 
Congress may vest appointment of in- 
ferior officers as they think proper. 
3. President may fill vacancies during recess 
of Senate. 
Sec. 8. President to give information of state of the 
Union. 
to recommend measures to Congress. 
on extraordinary occasions may con- 
vene Congress. 
in case of disagreement, may adjourn 
Congress. 
_to receive Ambassadors and Ministers. 
to take care that the laws are admin- 
istered. 
to commission all officers of the U. S. 
Sec. 4.—President and Vice-President to be removed 
. on impeachment for treason, bribery, or 
high crimes. 
Constitution—39 


CONTENTS OF CONSTITUTION OF U. 8. 458 


ARTICLE III. 


Sec. 1.—Judicial power is vested in a Supreme Court 
and inferior Courts, to be established by 
Congress. 

Judges to hold office during good be- 
havior. 
b compensation not to be diminished 
during continuance in office. 

Sec. 2.—1. Jurisdiction to extend to all cases arising 
under the Constitution, laws, and trea- 
ties. 

to all cases affecting Ambassadors, 
Ministers, and Consuls. 
to all cases of admiralty and maritime 
jurisdiction. 
to controversies to which the U. S. isa 
party. f 
to controversies between two or more 
States. 
between a State and citizens of an- 
other State. 
between citizens of different States. 
between citizens of the same State 
claiming lands under grants of dif- 
ferent States. 
and between a State or its citizens, 
and foreign States, citizens, or sub- 
jects. 
2. Supreme Court shall have original juris 
diction . 
in all cases affecting Ambassadors, 
Ministers, or Consuls. 
and cases in which a State is a party. 
and appellate jurisdiction both as to 
law and fact, under regulations to 
be made by Congress. 
8. Trials of all crimes, except in cases of im- 
peachment, to be by jury. 
to be had in State where crime has 
been committed. 
when not committed within a State, to 
be where Congress may direct. 


459 CONTENTS OF CONSTITUTION OF U. S.- 


Sec. 3.—1. Treason consists in levying war against, 
or adhering to enemies of the U. S., giv- 
ing them aid and comfort. 

no conviction unless on Waitinony of 
two witnesses. 

or on confession in open Court. 

. Congress may declare the punishment for 
treason. 

no attainder shall work corruption of 
blood or forfeiture beyond the life 
of the party attainted. 


ARTICLE IV. 


See. 1—Full faith and credit to be given to public 
acts, records, and judicial proceedings of 
States. 
Congress may prescribe the manner 
of their proof, and the effect thereof. 


See. 2.—1. Citizens of each State are entitled to the 
privileges and immunities of citizens in 
the several States. 

2. Fugitives from justice to be delivered up 
to State having jurisdiction of the crime. 

8. Fugitives from service or labor to be deliv- 
ered up. 


See. 3.—1. New States may be admitted by Congress, 
but they cannot be formed within the 
jurisdiction of a State without consent of 
its Legislature. 

nor by the junction of two or more 
States without consent of States 
concerned and of Congress. 

2. Congress may dispose of and make rules 
and regulations . for territories or other 
property belonging to the U. S. 

Claims of the U. S. or of a State not to be 
prejudiced. 

Sec. 4.—A republican form of government guaranteed 
to each State, 

and protection of each against invasion, 
and against domestic violence. 


CONTENTS OF CONSTITUTION OF U. Ss. 460 


ARTICLE VY. 


Congress may propose amendments, when 
deemed necessary. 

or on application of two-thirds of the 
State Legislatures. 

convention to be called. 

to be ratified by Legislatures or con- 
ventions of three-fourths of th 
States. 

no State, without its. consent, can be 
deprived of its equal suffrage in the 
Senate. 


ARTICLE VI. 


1. All existing liabilities are valid against the 
i) ae 
2. The Constitution, laws, and treaties are the 
supreme law of the land. 
Judges in every State bound thereby. 
8. All officers, executive, legislative, and ju- 
dicial, both Federal and State, to be 
bound by oath or affirmation to support 
the Constitution. 
no religious test shall be required as 
a qualification to any office. 


ARTICLE VII. 


The ratification of nine States sufficient. 
Attestation clause. 
Signatures. 


—_—_—___. 


AMENDMENTS. 


ARTICLH I. 


Congress can make no law respecting religion. 

or abridging the freedom of speech or of 

the press. 

or the right to peaceably assemble and 
petition for redress. 


ARTICLE II. 


The right of the people to keep and bear 
arms shall not be infringed. 


461 


CONTENTS OF CONSTITUTION OF U. §S. 


ARTICLE ITI. 


No soldier to be quartered in any house 
without the consent of the owner. 
nor in time of war but in a manner pre- 
scribed by law. 


ARTICLE IV. 


The right of security against searches and 
seizures shall not be violated. 
warrants on probable cause to be sup- 
ported by oath or affirmation. 
the place, person, and thing to be de- 
scribed in the warrant. 


ARTICLE V. 


Presentment or indictment before grand jury 
essential to trial for crime. 

except as to land or naval forces or 
militia in time of war. 

no person to be put twice in jeopardy. 

nor be compelled to be witness against 
himself. 

nor be deprived of life, liberty, or prop- 
erty without due process of law. 

nor Shall private property be taken for 
public use without compensation. 


ARTICLE VI. 


In criminal trials, accused shall have the 
right to a speedy and public trial. 

by a jury, of State and district where 
crime was committed. 

and to be informed of the nature and 
cause of accusation. 

and to be confronted with witnesses 
against him. 

and to have compulsory process for wit- 
nesses in his favor. 

and to have the assistance of counsel for 
his defeuse. 


CONTENTS OF CONSTITUTION OF U. 8. 462 


ARTICLE VII. 


In civil actions, the right of trial by jury 
shall be preserved where the value in con- 
troversy exceeds twenty dollars. 

facts tried by jury are re-examinable 
only according to the rules of common 
law. oo 


ARTICLE VIII. 


Excessive bail shall not be required. 
nor excessive fines imposed. 
nor cruel nor unusual punishments in- 
flicted. 


ARTICLE IX. 


The enumeration of rights not to disparage 
others retained by the people. 


ARTICLE X. 


Powers not delegated nor prohibited to the 
States are reserved to the States or to the 
people. 


ARTICLE XI. 


The judicial power not to extend to actions 
against a State by citizen of another State, 
or of a foreign State. 


ARTICLE XII. 


Presidential electors to meet in their pi ar 
tive States. 

and vote by ballot for President ae 
Vice-President. 

the ballots for each office to be distinct. 

distinct lists to be made, signed, certi- 
fied, and transmitted to the President 
of the Senate. 

the President of the Senate to open the 
certificates in presence of both house: 
of Congress. 

and the votes shall then be counted. 

the person having the greatest number of 
votes shall be President. 


463 CONTENTS OF CONSTITUTION OF U. &. 


if there be no majority the House, of 
Representatives shall elect from those 
having the highest number, not exceed-! 
ing three. 

the votes shall be taken by States, each 
State having one vote. 

a quorum shall consist of a representa- 
tion from two-thirds of the States. 

a majority of all the States necessary to 
a choice. 

if the House neglect to choose a Presi- 
dent, the Vice-President shall act as 
such, 

the person having the greatest number 
of votes for Vice-President shall be 
Vice-President, if it be a majority of 
the electors. 

if not such majority, then the Senate 
shall choose the Vice-President from 
the two highest on the list. 

a quorum shall consist of two-thirds of 
the whole number of Senators. 

a majority shall be necessary for a 
choice. ° 

constitutional ineligibility for President 
renders a person ineligible for Vice- 
President. 


ARTICLE XIII. 


Neither slavery nor involuntary servitude, 
except for crime, shall exist in the United 
States. 

Congress may enforce this article. 


ARTICLE XIV. 


Sec. 1.—All persons born or naturalized in the U. S. 
are citizens of the U. S. and of the State 
where they reside. 

States cannot abridge the privileges and 
immunities of citizens. 

nor deprive any person of life, liberty, or 
property without due process of law. 

nor deny to any person the equal protec- 
tion of the law. 


CONTENTS OF CONSTITUTION OF U. 8S 464 


Sec. 2.—Representatives shall be apportioned accord- 

’ ing to the whole number of persons in each 
State, excluding Indians not taxed. 

but when the right to vote is denied to 
male citizens over twenty-one, the 
basis of representation shall be re- 
duced accordingly. 

except for participation in the rebellion 
or for other crimes. 

Sec. 8.—Persons engaged in insurrection or rebellion 
having previously taken the oath to sup- 
port the Constitution of the U. S. are dis- 
qualified from holding office. 

Congress may by a two-third vote of 
each house remove the disability. 

Sec. 4.—The validity of the public debt of the U. S., 
authorized by law, shall not be questioned. 

debts or obligations incurred in aid of 
rebellion are illegal and void. 

claims for loss or emancipation of any 
slave are illegal and void. 

See. 5.—Congress shall have power to enforce these 
provisions. 


ARTICLE XV. 


See. 1.—The right of citizens to vote shall not be de- 
nied or abridged on account of race, color, 
or previous condition of servitude. 

Sec. 2.—Congress shall have power to enforce this 
article. 


CONSTITUTION 


OF THE 


UNITED STATHS. 


WE THE PEOPLE of the United States, in Order 
to form a more perfect Union, establish Justice, 
insure domestic Tranquility, provide for the com- 
mon defence, promote the general Welfare, and 
secure the Blessings of Liberty to ourselves and 
our Posterity, do ordain and establish this Con- 
STITUTION for the United States of America. 


ARTICLE I. 


Suction. 1. All legislative Powers herein 
granted shall be vested in a Congress of the 
United States, which shall consist of a Senate and 
House of Representatives. 


Section. 2. !The House of Representatives 
shall be composed of Members chosen every second 
Year by the People of the several States, and the 
Electors in each State shall have the Qualifications 

(465) 


Arte oee CONSTITUTION OF U. 8S. 466 


requisite for Electors of the most numerous 
Branch of the State Legislature. 


“No Person shall be a Representative who shall 
not have attained to the Age of twenty-five Years, 
and been seven Years a Citizen of the United 
States, and who shall not, when elected, be an 
Inhabitant of that State in which he shall be 
chosen. 


3 Representatives and direct Taxes shall be ap- 
portioned among the several States which may be 
included within this Union, according to their 
respective Numbers, which shall be determined by 
adding to the whole Number’of free Persons, in- 
cluding those bound to Service for a Term of 
Years, and excluding Indians not taxed, three- 
fifths of all other Persons.| ‘The actual Enumera- 
tion shall be made within three Years after the 
first Meeting of the Congress of the United States, 
and within every subsequent Term of ten Years, 
in such Manner as they shall by Law direct. The 
Number of Representatives shall not exceed one 
for every thirty Thousand, but each State shall 
have at Least one Representative; and until such 
enumeration shall be made, the State of New 
Hampshire shall be entitled to chuse three, Massa- 
chusetts eight, Rhode-Island and, Providence 
Plantations one, Connecticut five, New York six, 
New Jersey four, Pennsylvania eight, Delaware 
one, Maryland six, Virginia ten, North Carolina 
five, South Carolina five, and Georgia three. 


467 CONSTITUTION OF U. S. Art. 1, $13 


_ 4When vacancies happen in the Representation 
from any State, the Executive Authority thereof 
shall issue Writs of Election to fill such Vacancies. 


*The House of Representatives shall chuse their 
Speaker and other Officers; and shall have the 
sole Power of Impeachment. 


Section. 3. The Senate of the United States 
shall be composed of two Senators from each 
State, chosen by the Legislature thereof, for six 
Years; and each Senator shall have one Vote. 

*Immediately after they shall be assembled in 
Consequence of the first Election, they shall be 
divided as equally as may be into three Classes. 
The Seats of the Senators of the first Class shall 
be vacated at the Expiration of the second year, of 
the second Class at the Expiration of the fourth 
Year, and of the third Class at the Expiration of 
the sixth Year, so that one-third may be chosen 
every second Year; and if Vacancies happen by 
Resignation, or otherwise, during the Recess of 
the Legislature of any State, the Executive thereof 
may make temporary Appointments until the next 
Meeting of the Legislature, which shall then fill 
such Vacancies. 

8No Person shall be a Senator who shall not 
have attained to the Age of thirty Years, and been 
nine Years a Citizen of the United States, and 
who shall not, when elected, be an Inhabitant of 
that State for which he shall be chosen. 


Art. I, § 4 CONSTITUTION OF U. 8. 468 


4The Vice President of the United States shall 
be President of the Senate, but shall have no Vote, 
unless they be equally divided. 

'The Senate shall chuse their other Officers, and 
also a President pro tempore, in the Absence of 
the Vice President, or when he shall exercise the 
Office of President of the United States. 

®The Senate shall have the sole Power to try all 
Impeachments. When sitting for that Purpose, 
they shall be on Oath or Affirmation. When the 
President of the United States is tried, the Chief 
Justice shall preside: And no Person shall be 
convicted without the Concurrence of two-thirds - 
of the Members present. 

‘Judgment in Cases of Impeachment shall not 
extend further than to removal from Office, and 
disqualification to hold and enjoy any Office of 
honor, Trust or Profit under the United States: 
but the Party convicted shall nevertheless be lable 
and subject to Indictment, Trial, Judgment and 
Punishment, according to Law. 


Section. 4. The Times, Places and Manner 
of holding Elections for Senators and Representa- 
tives, shall be prescribed in each State by the 
Legislature thereof; but the Congress may at any 
time by Law make or alter such Regulations, ex- 
cept as to the Places of chusing Senators. 

2The Congress shall assemble at least once in 
every Year, and such Meeting shall be on the first 


469 CONSTITUTION OF U. & Art. I, §§ 5,6 


Monday in December, unless they shall by Law 
appoint a different Day. 

Section. 5. 4Each House shall be the Judge 
of the Elections, Returns and Qualifications of its 
own Members, and a Majority of each shall con- 
stitute a Quorum to do Business; but a smaller 
Number may adjourn from day to day, and may be 
authorized to compel the Attendance of absent 
Members, in such Manner, and under such Pen- 
alties as each House may provide. 

“Hach House may determine the Rules of its 
Proceedings, punish its Members for disorderly 
Behavior, and, with the Concurrence of two thirds, 
expel a Member. 

’Kach House shall keep a Journal of its Pro- 
ceedings, and from time to time publish the same, 
excepting such Parts as may in their Judgment 
require Secrecy; and the Yeas and Nays of the 
Members of either House on any question shall, 
at the Desire of one fifth of those present, be en- 
tered on the Journal. 

4Neither House, during the Session of Congress, 
shall, without the Consent of the other, adjourn 
for more than three days, nor to any other Place 
than that in which the two Houses shall be sit- 
ting. 

Section. 6. ?The Senators and Representa- 
tives shall receive a Compensation for their Ser- 


vices, to be ascertained by Law, and paid out of 
Constitution —40 


~ Art. T4507 CONSTITUTION OF U. 8. 470 


the Treasury of the United States. They shall in 
all Cases, except Treason, Felony and Breach of 
the Peace, be privileged from Arrest during their 
Attendance at the Session of their respective 
Houses, and in going to and returning from the 
same; and for any Speech or Debate in either 
House, they shall not be questioned in any other 
Place. 

*No Senator or Representative shall, during the 
Time for which. he was elected, be appointed to 
any civil Office under the Authority of the United 
States, which shall have been created, or the 
EKmoluments whereof shall have been encreased 
during such time; and no Person holding any 
Office under the United States, shall be a Mem- 
ber of either House during his Continuance in 
Office. 


Section. 7%. 1All Bills for raising Revenue 
shall originate in the House of Representatives ; 
but the Senate may propose or concur with Amend- 
ments as on other Bills. 

2Every Bill which shall have passed the House 
of Representatives and the Senate, shall, before it 
become a Law, be presented to the President of 
the United States; If he approve he shall sign it, 
but if not he shall return it, with his Objections 
to that House in which it shall have originated, 
who shall enter the Objections at large on their 
Journal, and proceed to reconsider it. If after 


471 CONSTITUTION OF U. 8. Art. I, § 8 


such Reconsideration two thirds of that House 
shall agree to pass the Bill, it shall be sent, to- 
gether with the Objections, to the other House, 
by which it shall likewise be reconsidered, and if 
approved by two thirds of that House, it shall 
become a Law. But in all such Cases the Votes 
of both Houses shall be determined by Yeas and 
Nays, and the Names of the Persons voting for 
and against the Bill shall be entered on the Jour- 
nal of each House respectively. If any Bill shall 
not be returned by the President within ten days 
(Sundays excepted) after it shall have been pre- 
sented to him, the Same shall be a Law, in like 
Manner as if he had signed it, unless the Congress 
by their Adjournment prevent its Renurn, in which 
Case it shall not be a Law. 

8Every Order, Resolution, or Vote to which the 
Concurrence of the Senate and House of Represen- 
tatives may be necessary (except on a question of 
Adjournment) shall be presented to the President 
of the United States; and before the Same shall 
take Effect, shall be approved by him, or being 
disapproved by him, shall be repassed by two 
thirds of the Senate and House of Representatives, 
according to the Rules and Limitations prescribed 
in the Case of a Bill. 


Szcrion. 8. 1The Congress shall have Power 
To lay and collect Taxes, Duties, Imposts and Ex- 
cises, to pay the Debts and provide for the com- 


Art. I, $8 CONSTITUTION OF U. §.' Aj2 


mon Defence and general Welfare of the United 
States; but all Duties, Imposts and Excises shall 
be uniform throughout the United States; 


“To borrow Money on the credit of the United 
States ; 


’To regulate Commerce with foreign Nations, 
and among the several States, and with the Indian 
Tribes ; 

4T'o establish an uniform Ruleof Naturalization, 
and uniform Laws on the subject of Bankruptcies 
throughout the United States; 

‘To coin Money, regulate the Value thereof, and 
of foreign Coin, and fix the Standard of Weights 
and Measures; 


®T'o provide for the Punishment of counterfeit- 
ing the Securities and current Coin of the United 
States ; 

'To establish Post Offices and post Roads; 

8T'o promote the Progress of Science and useful 
Arts, by securing for limited Times to Authors 
and Inventors the exclusive Right to their respec- 
tive Writings and Discoveries; 

®To constitute Tribunals inferior to the supreme 
Court; : 

10To define and punish Piracies and Felonies 
committed on the high Seas, and Offences against 
the Law of Nations; | 


473 CONSTITUTION OF U. S. Art. I, § 8 


1179 declare War, grant Letters of Marque and 
Reprisal, and make Rules concerning Captures on 
Land and Water ; 


1279 raise and support Armies, but no Appro- 
priation of Money to that Use shall be for a 
longer Term than Two Years; 

18To provide and maintain a Navy; 


1419 make Rules for the Government and Regu- 
lation of the land and naval Forces; 


To provide for calling forth the Militia to 
execute the Laws of the Union, suppress Insurrec- 
tions and repel Invasions; 


To provide for organizing, arming, and dis- 
ciplining, the Militia, and for governing such Part 
of them as may be employed in the Service of the 
United States, reserving to the States respectively, 
the Appointment of the Officers, and the Authority 
of training the Militia according to the discipline 
prescribed by Congress; 

To exercise exclusive Legislation in all Cases 
whatsoever, over such District (not exceeding ten 
Miles square) as may, by Cession of particular 
States, and the Acceptance of Congress, become 
the Seat of the Government of the United States, 
and to exercise like Authority over all Places pur- 
chased by the Consent of the Legislature of the 
State in which the Same shall be, for the Erec- 
tion of Forts, Magazines, Arsenals, dock-Yards, 
and other needful Buildings ;—And 


Art. I, § 9 CONSTITUTION OF U. §. AT4 


18T.9 make all Laws which shall be necessary 
and proper for carrying into Execution the fore- 
going Powers, and all other Powers vested by this 
Constitution in the Government of the United 
States, or in any Department or Officer thereof ; 


Srction. 9. The Migration or Importation of 
such Persons as any of the States now existing 
shall think proper to admit, shall not be prohibited 
by the Congress prior to the Year one thousand 
eight hundred and eight, but a Tax or duty may 
be imposed on such Importation, not exceeding ten 
dollars for each Person. ! 

“The Privilege of the Writ of Habeas Corpus 
shall not be suspended, unless when in Cases of 
Rebellion or Invasion the public Safety may re- 
quire it. 

* 8No Bill of Attainden; or ex post facto Law shall 
“be passed. \ 

4No Capitation, or other direct, tax shall be 
laid, unless in Proportion to the Census or Enu- 
meration herein before directed to be taken. 

5No Tax or Duty shall be laid on Articles ex- 
ported from any State. 

®No Preference shall be given by any Regulation 
of Commerce or Revenue to the Ports of one 
State over those of another; nor shall Vessels 
bound to, or from, one State, be obliged to enter, 
clear, or pay Duties in another. 


475 ‘CONSTITUTION OF U. 8. Att. TE $10 


T™No Money shall be drawn from the Treasury, 
but’ in Consequence of Appropriations made by 
Law; and a regular Statement and Account of 
the Receipts and Expenditures of all public Money 
shall be published from time to time. 

8No Title of Nobility shall be granted by the 
United States: and no Person holding any Office 
of Profit or Trust under them, shall, without the 
Consent of the Congress, accept of any present, 
Emolument, Office, or Title, of any kind whatever, 
from any King, Prince, or foreign State. 


Section. 10. 4No State shall enter into any 
Treaty, Alliance, or Confederation; grant Letters 
of Marque and Reprisal; coin Money; emit Bills 
of Credit; make any Thing but gold and silver 
Coin a Tender in Payment of Debts; pass any 
Bill of Attainder, ex post facto Law, or Law im- 
pairing the Obligation of Contracts, or grant any 
Title of Nobility. 

2No State shall, without the Consent of the Con- 
gress, lay any Imposts or Duties on Imports or 
Exports, except what may be absolutely necessary 
for executing it’s inspection Laws: and the net 
Produce of all Duties and Imposts, laid by any 
State on Imports or Exports, shall be for the Use 
of the Treasury of the United States; and all 
such Laws shall be subject to the Revision and 
Controul of the Congress. 


Art. II, § 1 CONSTITUTION OF U. Ss. ° 476 


3No State shall, without the Consent of Con- 
gress, lay any Duty of Tonnage, keep Troops, or 
Ships of War in time of Peace, enter into any 
Agreement or Compact with another State, or 
with a foreign Power, or engage in War, unless 
actually invaded, or in such imminent Danger as 
will not admit of delay. 


ARTICLE II. 


Srecrion. 1. ?The executive Power shall be 
vested in a President of the United States of 
America. He shall hold his Office during the 
Term of four Years, and, together with the Vice 
President, chosen for the same Term, be elected, 
as follows 


“Kach State shall appoint, in such Manner as 
the Legislature thereof may direct, a Number of 
Electors, equal to the whole number of Senators 
and Representatives to which the State may be 
entitled in the Congress: but no Senator or Rep- 
resentative, or Person holding an Office of Trust 
or Profit under the United States, shall be ap- 
pointed an Elector. 

37“The electors shall meet in their respective 
States, and vote by ballot for two Persons, of 
whom one at least shall not be an Inhabitant of 
the same State with themselves. And they shall 
make a List of all the Persons voted for, and of 
the Number of Votes for each; which List they 


ATT CONSTITUTION OF U. S. Art: DE $1 


shall sign and certify, and transmit sealed to the 
Seat of the Government of the United States, 
directed to the President of the Senate. The 
President of the Senate shall, in the Presence of 
the Senate and House of Representatives, open all 
the Certificates, and the Votes shall then be 
counted. The Person having the greatest Number 
of Votes shall be the President, if such Number 
be a Majority of the whole Number of Electors 
appointed ; and if there be more than one who have 
such Majority, and have an equal Number of 
Votes, then the House of Representatives shall 
immediately chuse by Ballot one of them for 
President; and if no Person have a Majority, then 
from the five highest on the List the said House 
shall in like Manner chuse the President. But 
‘in chusing the President, the Votes shall be taken 
by States, the Representation from each State 
having one Vote; A quorum for this Purpose shall 
consist of a Member or Members from two-thirds 
of the States, and a Majority of all the States shall 
be necessary to a Choice. In every Case, after 
the Choice of the President, the Person having 
the greatest Number of Votes of the Electors shall 
be the Vice-President. But if there should re- 
main two or more who have equal Votes, the Sen- 
ate shall chuse from them by Ballot the Vice- 
President.” | 

This Clause has been superseded by the twelfth 
amendment, p. 490. 


Art, (LE $2 CONSTITUTION OF U. 8. | — 478 


-4The Congress may determine the Time of 
chusing the Electors, and the Day on which they 
shall give their Votes; which Day shall be the 
same throughout the United States. 


°No Person except a natural born Citizen, or a 
Citizen of the United States, at the time of the 
adoption of this Constitution, shall be eligible to 
the Office of President; neither shall any Person 
be eligible to that Office who shall not have at- 
tained to the Age of thirty five Years, and been 
fourteen Years a Resident within the United 
States. 

®In Case of the Removal of the President from 
Office, or of his Death, Resignation, or Inability 
to discharge the Powers and Duties of the said 
Office, the same shall devolve on the Vice Presi- 
dent, and the Congress may by Law provide for 
the Case of Removal, Death, Resignation, or Ina- 
bility, both of the President and Vice President, 
declaring what Officer shall then act as President, 
and such Officer shall act accordingly, until the 
Disability be removed, or a President shall be 
elected. 

7The President shall, at stated Times, receive 
for his Services, a Compensation, which shall 
neither be encreased nor diminished during the 
Period for which he shall have been elected, and 
he shall not receive within that Period any other 
Emolument from the United States, or any of 
them. 


479 CONSTITUTION OF U. 8. Art. II, § 2 


8Before he enter on the Execution of his Office, 
he shall take the following Oath or Affirmation :— 
“T do solemnly swear (or affirm) that I will faith- 
fully execute the Office of President of the United 
States, and will to the best of my Ability, pre- 
serve, protect and defend the Constitution of the 
United States.” 


Section. 2. ?The President shall be Com- 
mander in Chief of the Army and Navy of the 
United States, and of the Militia of the several 
States, when called into the actual Service of the 
United States; he may require the Opinion, in 
writing, of the principal Officer in each of the 
executive Departments, upon any Subject relating 
to the Duties of their respective Offices, and he 
shall have Power to grant Reprieves and Pardons 
for Offences against the United States, except in 
Cases of Impeachment. 

“2He shall have Power, by and with the Advice 
and Consent of the Senate, to make ‘T'reaties, 
provided two thirds of the Senators present con- 
cur; and he shall nominate, and by and with the 
Advice and Consent of the Senate, shall appoint 
Ambassadors, other public Ministers and Con- 
suls, Judges of the supreme Court, and all other 
Officers of the United States, whose Appointments 
are not herein otherwise provided for, and which 
shall be established by Law: but the Congress may 
by Law vest the Appointment of such inferior Of- 


Art. ITI, §1 CONSTITUTION OF U. S. - 480 


ficers as they think proper, in the President alone, 
in the Courts of Law, or in the Heads of De- 
partments. 

*The President shall have Power to fill up all 
Vacancies that may happen during the Recess of 
the Senate, by granting Commissions which shall 
expire at the End of their next Session. 


Section. 3. He shall’ from time to time give 
to the Congress Information of the State of the 
Union, and recommend to their Consideration such 
Measures as he shall judge necessary and ex- 
pedient; he may, on extraordinary Occasions, con- 
vene both Houses, or either of them, and in Case 
of Disagreement between them, with Respect to 
the Time of Adjournment, he may adjourn them 
to such Time as he shall think proper; he shall 
receive Ambassadors and other public Ministers; 
he shall take Care that the Laws be faithfully 
executed, and shall Commission all the Officers 
of the United States. 


Section. 4. The President, Vice President 
and all civil Officers of the United States, shall 
be removed from Office on Impeachment for, and 
Conviction of, Treason, Bribery, or other high 
Crimes and Misdemeanors. 


ARTICLE ITI. 


Section. 1. The judicial Power of the United 
States, shall be vested in one supreme Court, and 


: e 
Soe CONSTITUTION OF U. 8. tie tah, geo 


in such inferior Courts as the Congress may from 
time to time ordain and establish. The Judges, 
both of the supreme and inferior Courts, shall 
-hold their Offices during good Behaviour, and 
shall, at stated Times, receive for their Services, 
a Compensation, which shall not be diminished 
during their Continuance in Office. 


SEecTION. 2. ?The judicial Power shall atta 
to all Cases, in Law and Equity, arising under 
this Constitution, the Laws of the United States, 
and 'l'reaties made, or which shall be made, un- 
der their Authority;—to all Cases affecting 
Ambassadors, other public Ministers and Consuls; 
—to all Cases of admiralty and maritime Ju- | 
risdiction ;—to Controversies to which the United 
States shall be a Party ;—to Controversies between 
two or more States;—between a State and Citi- 
zens of another State ;—between Citizens of differ- 
ent States,—between Citizens of the same State 
claiming Lands under Grants of different States, 
and between a State, or the Citizens thereof, and 
foreign States, Citizens or Subjects. 

2In all Cases affecting Ambassadors, other pub- 
lic Ministers and Consuls, and those in which a 
State shall be Party, the supreme Court shall 
have original Jurisdiction. In all the other Cases 
before mentioned, the supreme Court shall have 
appellate Jurisdiction, both as to Law and Fact, 
with such Exceptions, and under such Regulations 


as the Congress shall make. 
Constitution—4] 


. Art. LIV, §§ 1, 2 CONSTITUTION OF U. 8. 482 


8The Trial of all Crimes, except in Cases of — 
Impeachment, shall be by Jury; and such Trial 
shall be held in the State where the said Crimes 
shall have been committed; but when not com- 
mitted within any State, the Trial shall be at 
such Place or Places as the Congress may by 
Law have directed. 


SecTion. 3. 1!Treason against the United 
States, shall consist only in levying War against — 
them, or in adhering to their Enemies, giving them 
Aid and Comfort. No Person shall be convicted 
of Treason unless on the Testimony of two Wit- 
nesses to the same overt Act, or.on Confession in 
open Court. 

“The Congress shall have Power to declare the 
Punishment of Treason, but no Attainder of Trea- 
son shall work Corruption of Blood, or Forfeiture 
except during the Life of the Person attainted. 


ARTICLE IV. 


Section. 1. Full Faith and Credit shall be 
given in each State to the public Acts, Records, 
and judicial Proceedings of every other State. 
And the Congress may by general Laws prescribe 
the Manner in which such Acts, Records and Pro- 
ceedings shall be proved, and the Effect thereof. 


Section. 2. 1?The Citizens of each State shall 
be entitled to all Privileges and Immunities of 
Citizens in the several States. 


483 CONSTITUTION OF U. Ss. Art. IV, §§ 3, 4 


2A Person charged in any State with Treason, 
Felony, or other Crime, who shall flee from Jus- 
tice, and be found in another State, shall on De- 
mand of the executive Authority of the State from 
which he fled, be delivered up to be removed to 
the State having Jurisdiction of the Crime. 

5No Person held to Service or Labour in one 
State, under the Laws-thereof, escaping into an- 
other, shall, in Consequence of any Law or Regu- 
lation therein, be discharged from such Service 
or Labour, but shall be delivered up on Claim 


of the Party to whom such Service or Labour may 
be due. 


SEcTION. 3. 1tNew States may be admitted by 
the Congtess into this Union; but no new State 
shall be formed or erected within the Jurisdiction 
of any other State; nor any State be formed by 
the Junction of two or more States, or Parts of 
States, without the Consent of the Legislatures of © 
the States concerned as well as of the Congress.. 

“The Congress shall have Power to dispose of 
and make all needful Rules and Regulations re- 
specting the Territory or other Property belonging 
to the United States; and nothing in this Con- 
stitution shall be so construed as to Prejudice any 
Claims of the United States, or of any particular 
State. 


Section. 4. The United States shall guarantee 
to every State in this Union a Republican Form 


% 


Arts. V,.V1I CONSTITUTION OF U. 8. 484 


of Government, and shall protect each of them 
against Invasion; and on Application of the 
Legislature, or of the Executive (when the Legis- 
lature cannot be convened) against domestic Vio- 
lence. 

ARTICLE V. 


The Congress, whenever two thirds of both 
Honses shall deem it necessary, shall propose 
Amendments to this Constitution, or, on the Ap- 
plication of the Legislatures of two thirds of the 
several States, shall call a Convention for propos- 
ing Amendments, which, in either Case, shall be 
valid to all Intents and Purposes, as Part of this 
Constitution, when ratified by the Legislatures of 
three fourths of the several States, or by Conven- 
tions in three fourths thereof, as the one or the 
other Mode of Ratification may be proposed by the 
Congress; Provided that no Amendment which 
may be made prior to the Year One thousand eight 
hundred and eight shall in any Manner affect the 
first and fourth Clauses in the Ninth Section of 
the first Article; and that no State, without its 
Consent, shall be deprived of its equal Suffrage in 
the Senate. 

ARTICLE VI. 


TAll Debts contracted and Engagements entered 
into, before the Adoption of this Constitution, 
shall be as valid agairst the United States under 
this Constitution, as under the Confederation. 


485 CONSTITUTION OF U. 8. Art. VII 


2This Constitution, and the Laws of the United 
States which shall be made in Pursuance thereof ; 
and all Treaties made, or which shall be made, 
under the Authority of the United States, shall 
be the supreme Law of the Land; and the Judges 
in every State shall be bound thereby, any Thing 
in the Constitution or Laws of any State to the 
Contrary notwithstanding. 

*The Senators and Representatives before men- 
tioned, and the Members of the several State Legis- 
latures, and all executive and judicial Officers, 
* both of the United States and of the several 
States, shall be bound by Oath or Affirmation, to 
support this Constitution; but no religious Test 
shall ever be required as a Qualification to any 
Office or public Trust under the United States. 


ARTICLE VII. 


The Ratification of the Conventions of nine 
States, shall be sufficient for the establishment of 
this Constitution between the States so ratifying 
the Same. 

Done in Convention by the Unanimous Consent 
of the States present the Seventeenth Day of 
September in the Year of our Lord one thou- 
sand seven hundred and Eighty seven, and of 
the Independance of the United States of 
America the Twelfth. In Witness whereof We 
have hereunto subscribed our Names, 

G° : WASHINGTON— 
Presidt. and Deputy from Virginia 


Signers CONSTITUTION OF U. S. 486 
New Hampshire. . 
John Langdon Nicholas Gilman 


Massachusetts. 
Nathaniel Gorham Rufus King 


Connecticut. 


Wm. Saml. Johnson Roger Sherman 


New York. 


Alexander Hamilton 


New Jersey. 
Wil : Livingston Wm. Paterson 
David Brearley Jona : Dayton 
Pennsylvania. 
B. Franklin Thos. Fitzsimons 
Thomas Miffin Jared Ingersoll 
Robt. Morris James Wilson 
Geo. Clymer Gouv Morris 
Delaware. 
Geo : Read Richard Bassett 


Gunning Bedford Jun Jaco : Broom 
John Dickinson 
Maryland. 


James McHenry Panl. Carroll 
Dan of St Thos Jenifer 


487 CONSTITUTION OF U. S. Amendmn., Art. I 
Virginia. 
John Blair— James Madison Jr. 


~ North Carolina. 


Wm. Blount Hu Williamson 
Richd. Dobbs Spaight 


South Carolina. 


J. Rutledge Charles Pinckney 
Pierce Butler 
Charles Cotesworth Pinckney 


Georgia. 
William Few Abr Baldwin 
Attest WILLIAM JACKSON Secretary 


ARTICLES IN ADDITION TO, AND AMENDMENT OF, 
THE-CONSTITUTION OF THE UNITED STATES OF 
AMERICA, PROPOSED BY CONGRESS, AND RATIFIED 
BY THE LEGISLATURES OF THE SEVERAL STATES 
PURSUANT TO THE FIFTH ARTICLE OF THE ORIG- 
INAL CONSTITUTION. 


[ARTICLE I.] 


Congress shall make no law respecting an es- 
tablishment of religion, or prohibiting the free 
exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people 


Amendm., Arts. II-V CONSTITUTION OF U. 8. 488 


peaceably to assemble, and to petition the Govern- 
ment for a redress of grievances. 


[ARTICLE II.] 


A well regulated Militia, being necessary to the | 
security of a free State, the right of the people to 
keep and bear Arms, shall not be infringed. 


[ARTICLE III] 


No Soldier shall, in time of peace be quartered 
in any house, without the consent of the Owner, 
nor in time of war, but in a manner to be pre- 
scribed by law. 


[ARTICLE IV.] 


The right of the people to be secure in their 
persons, houses, papers, and effects, against unrea- 
sonable searches and seizures, shall not be violated, 
and no Warrants shall issue, but upon probable 
cause, supported by Oath or affirmation, and par- 
ticularly describing the place to be searched, and 
the persons or things to be seized. 


[ARTICLE V.] 


No person shall be held to answer for a capital, 
or otherwise infamous crime, unless on a present- 
ment or indictment of a Grand Jury, except in 
cases arising in the land or naval forces, or in the 
Militia, when in actual service in time of War 


489 CONSTITUTION OF U. 8s. Amendm., Arts. VI, VII 


or public danger; nor shall any person be sub- 
ject for the same offense to be twice put in 
jeopardy of life or limb; nor shall be compelled in 
_ any Criminal Case to be a witness against himself, 
nor be deprived of life, liberty, or property, with- 
out due process of law;-nor shall private property 
be taken for public use, without just compensation. 


- [ARTICLE VI.] 


In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an 
impartial jury of the State and district wherein 
the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, 
and to be informed of the nature and cause of the 
accusation; to be confronted with the witnesses 
against him; to, have compulsory process for ob- 
taining Witnesses in his favor, and to have the 
Assistance of Counsel for his defense. 


[ARTICLE VII. ] 


In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right 
of trial by jury shall be preserved,and no fact tried 
by a jury shall be otherwise re-examined in any 
Court of the United States, than according to the 
rules of the common law. 


Amendm., Arts. VIII-XII CONSTITUTION OF U. Ss. 490 


[ARTICLE VIII. 


Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punish- 
ments inflicted. : 


[ARTICLE IX.] 


The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or dis- 
parage others retained by the people. 


[ARTICLE X.] 


The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the 
States, are reserved to the States respectively, or 
to the people. 


[ARTICLE XI] 


The Judicial power of the United States shall 
not be construed to extend to any suit in law or 
equity, commenced or prosecuted against one of 
the United States by Citizens of another State, 
or by Citizens or Subjects of any Foreign State. 


[ARTICLE XII.] 


The Electors shall meet in their respective states, 
and vote by ballot for President and Vice-Presi- 
dent, one of whom, at least, shall not be an in- 
habitant of the same state with themselves; they 
shall name in their ballets the person voted for 


491 CONSTITUTION OF U. 8S. Amendm., Art. XII 


as President, and in distinct ballots the person 
voted for as Vice-President, and they shall make 
distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, 
and of the number of votes for each, which lists 
they shall sign and certify, and transmit sealed 
to the seat of the government of the United States, 
directed to the President of the Senate;—The 
President of the Senate shall, in the presence of 
the Senate and House of Representatives, open all 
the certificates and the votes shall then be counted ; 
—The person having the greatest number of votes 
for President, shall be the President, if such num- 
ber be a majority of the whole number of Electors 
appointed; and if no person have such majority, 
then from the persons having the highest numbers 
not exceeding three on the list of those voted for 
as President, the House of Representatives shall 
choose immediately, by ballot, the President. But 
in choosing the President, the votes shall be taken 
by states, the representation from each state hav- 
ing one vote; a quorum for this purpose shall con- 
sist of a member or members from two-thirds of 
the states, and a majority of all the states shall be 
necessary to a choice. And if the House of Rep- 
resentatives shall not choose a President whenever 
the right of choice shall devolve upon them, be- 
fore the fourth day of March next following, then 
the Vice-President shall act as President, as in 
the case of the death or other constitutional dis- 


Amendm., Arts. XIII, XIV CONSTITUTION OF U. Ss. 492 


ability of the President. The person having the 
greatest number of votes as Vice-President, shall 
. be the Vice-President, if such number be a ma- 
jority of the whole number of Electors appointed, 
and if no person have a majority, then from the 
two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the pur- 
pose shall consist of two-thirds of the whole num- 
ber of Senators, and a majority of the whole num- 
ber shall be necessary to a choice. But no person 
constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President of 
the United States. 


ARTICLE XIII. 


Section 1. Neither slavery nor involuntary 
servitude, except as a punishment for crime where- 
of the party shall have been duly convicted, shall 
exist within the United States, or any place sub- 
ject to their jurisdiction. 


SECTION 2. Congress shall have power to en- 
force this article by appropriate legislation. 


ARTICLE XIV. 


~Sxrctron 1. All persons born or naturalized in 
the United States, and subject to the jurisdiction 
thereof, are citizens of the United States and of . 
the State. wherein they reside. No State shall 

make or enforce any law which shall abridge the 


493 CONSTITUTION OF U. Ss. Amendm., Art. XIV 


privileges or immunities of citizens of the United 
States; nor shall any State deprive any person of 


life, liberty, or property, without due process of: 


law; nor deny to any person within its jurisdic- 
tion the equal protection of the laws. 


SEcTION 2. Representatives shall be appor- 
tioned among the several States according to their 
respective numbers, counting the whole number of 
persons in each State, excluding Indians not taxed. 
But when the right to vote at any election for the 
choice of electors for President and Vice-President 
of the United States, Representatives in Congress, 
the Executive and Judicial officers of a State, or 
the members of the Legislature thereof, is denied 
to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for par- 
ticipation in rebellion, or other crime, the basis 
of representation therein shall be reduced in the 
proportion which the number of such male citizens 
shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

Section 38. No person shall be a Senator or 
Representative in Congress, or elector of Presi- 
dent and Vice-President, or hold any office, civil 
or military, under the United States, or under 
any State, who, having previously taken an oath, 
as a member of Congress, or as an officer of the 
United States, or as a member of any State legis- 

Constitution—42 


Amendm., Art. XV CONSTITUTION OF U. 8,, 494 


lature, or as an executive or judicial officer of 
any State, to support the Constitution of the 
United States, shall have engaged in insurrection 
or rebellion against the same, or given aid or 
comfort to the enemies thereof. But Congress 
may by a vote of two-thirds of each House, re- 
move such disability. 


Section 4. The validity of the public debt of 
the United States, authorized by law, including 
debts incurred for payment of pensions and boun- 
ties for services in suppressing insurrection or re- 
bellion, shall not be questioned. But neither the 
United States nor any State shall assume or pay 
any debt or obligation incurred in aid of insurrec- 
tion or rebellion against the United States, or any 
claim for the loss or emancipation of any slave; 
but all such debts, obligations and claims shall be 
held illegal and void. 


Section 5. The Congress shall have power to 


enforce, by appropriate legislation, the provisions 
of this article. | 


ARTICLE XY. 


Section 1. The right of citizens of the United 
States to vote shall not be denied or abridged by 
the United States, or by any State on account of 
race, color, or previous condition of servitude. 


SEecTION 2. The Congress shall have power to 
enforce this article by appropriate legislation. 


TREATY OF PEACE, FRIENDSHIP, 
LIMITS, AND SETTLEMENT, 


BETWEEN THE UNITED STATES OF AMERICA AND 
THE MEXICAN REPUBLIC. 


Dated at Guadalupe Hidalgo, 2d February, 1848. 
Exchanged at Queretaro, 30th May, 1848. 

Ratified by the President U. S., 16th March, 1848. 
‘Proclaimed by the President U. 8., 4th July, 1848. 


=e. 


BY THE PRESIDENT OF THE UNITED 
STATES OF AMERICA. 


A PROCLAMATION. 


Whereas a Treaty of Peace, Friendship, Limits, 
and Settlement, between the United States of 
America and the Mexican Republic, was concluded 
and signed at the city of Guadalupe Hidalgo, on’ 
the second day of February, one thousand eight 
hundred and forty-eight, which Treaty, as amended 
by the senate of the United States, and being in 
the English and Spanish languages, is word for 
word as follows: 

(495) 


Art. I TREATY OF GUADALUPE HIDALGO. 496 


In the Name of Almighty God: 

The United States of America and the United 
Mexican States, animated by a sincere desire to 
put an end to the calamities of the war which un- 
happily exists between the two Republics, and to 
establish upon a solid basis relations of peace and 
friendship, which shall confer reciprocal benefits 
upon the citizens of both, and assure the concord, 
harmony, and mutual confidence, wherein the two 
people should live, as good neighbors, have for 
that purpose appointed their respective plenipoten- 
tiaries—that is to say, the President of the United 
States has appointed Nicholas P. Trist, a citizen 
of the United States, and the President of the 
Mexican Republic has appointed Don Luis Gon- 
zaga Cuevas, Don Bernardo Couto, and Don 
Miguel Atristain, citizens of the said Republic, 
who, after a reciprocal communication of their 
respective full powers, have, under the protection 
of Almighty God, the author of peace, arranged, 
agreed upon, and signed the following: 


Treaty of Peace, Friendship, Limits, and Settle- 
ment, between the United States of America and 
the Mexican Republic. 


ARTICLE I. 


There shall be firm and universal peace between. 
the United States of America and the Mexican Re- 
public, and between their respective countries, 


497 TREATY OF GUADALUPE HIDALGO. Arts. II, Iil 


territories, cities, towns, and people, without ex- 
ception of places or persons. 


: ARTICLE II. 


Immediately upon the signature of this Treaty, 
a convention shall be entered into between a 
commissioner or commissioners appointed by the 
General-in-Chief of the forces of the United 
States, and such as may be appointed by the Mex- 
ican government, to the end that a provisional sus- 
pension of hostilities shall take place, and that, 
in the places occupied by the said forces, constitu- 
tional order may be re-established, as regards the 
political, administrative, and judicial branches, so 
far as this shall be permitted by the circum- 
stances of military occupation. 


ARTICLE ITI. 


Immediately upon the ratification of the pres- 
ent Treaty by the government of the United 
States, orders shall be transmitted to the com- 
manders of their land and naval forces, requir- 
ing the latter (provided this Treaty shall then 
have been ratified by the government of the Mexi- 
can Republic, and the ratifications exchanged) im- 
mediately to desist from blockading any Mexican 
ports; and requiring the former (under the same 
condition) to commence, at the earliest moment 
practicable, withdrawing .all troops of the United 
States then in the interior of the Mexican Re- 


Art. III TREATY OF GUADALUPE HIDALGO. ~ 49§ 


public, to points that shall be selected by common 
agreement, at a distance from the seaports not 
exceeding thirty leagues; and such evacuation of 
the interior of the Republic shall be completed 
with the least possible delay; the Mexican govern- 
ment hereby binding itself to afford every facility 
in its power for rendering the same convenient 
to the troops, on their march and in their new 
positions, and for promoting a good understand- 
ing between them and the inhabitants. In like 
manner, orders shall be despatched to the per- 
sons in charge of the custom-houses at all ports 
occupied by the forces of the United States, re- 
quiring them (under the same condition) immedi- 
ately to deliver possession of the same to the per- 
sons authorized by the Mexican government to re- 
ceive it, together with all bonds and evidences of 
debt for duties on importations and on exporta- | 
tions, not yet fallen due. Moreover, a faithful 
and exact account shall be made out, showing 
the entire amount of all duties on imports and on 
exports, collected at such custom-houses, or else- 
where in Mexico, by authority of the United 
States, from and after the day of the ratification 
of this Treaty by the government of the Mexican 
Republic; and also an account of the cost of col- 
lection; and such entire amount, deducting only 
the cost of collection, shall be delivered to the 
Mexican government, at the city of Mexico, within 
three months after the exchange of ratifications. 


499 TREATY OF GUADALUPE HIDALGO. Art. LV 


The evacuation of the capital of the Mexican 
Republic by the troops of the United States, in 
virtue of the above stipulation, shall be completed 
in one month after the orders there stipulated for 
shall have been received by the commander of said 
troops, or sooner if possible. 


ARTICLE IV. 


Immediately after the exchange of ratifications 
of the present Treaty, all castles, forts, territories, 
places, and possessions, which have been taken or 
occupied by the forces of the United States during 
the present war, within the limits of the Mexican 
Republic, as about to be established by the follow- 
ing article, shall be definitively restored to the 
said republic, together with all the artillery, arms, 
apparatus of war, munitions, and other public 
property, which were in the said castles and forts 
when captured, and which shall remain there at 
the time when this Treaty shall be duly ratified 
by the government of the Mexican Republic. To 
this end, immediately upon the signature of this 
Treaty, orders shall be despatched to the American 
officers commanding such castles and forts, se- 
curing against the removal or destruction of any 
such artillery, arms, apparatus of war, munitions, 
or other public property. The city of Mexico, 
within the inner line of intrenchments surround- 
ing the said city, is comprehended in the above 


Art. IV TREATY OF GUADALUPE HIDALGO. 500 


stipulations, as regards the restoration of artillery, 
apparatus of war, etc. 

The final evacuation of the territory of the 
Mexican Republic, by the forces of the United 
States, shall be completed in three months from 
the said exchange of ratifications, or sooner if 
possible: the Mexican government hereby engag- 
ing, as in the foregoing article, to use all means 
in its power for facilitating such evacuation, and 
rendering it convenient to the troops, and for 
promoting a good understanding between them and 
the inhabitants. ’ 

If, however, the ratification of this Treaty by 
both parties should not take place in time to allow 
the embarcation of the troops of the United States 
to be completed before the commencement of the 
sickly season, at the Mexican ports on the Gulf 
of Mexico, in such case a friendly arrangement 
shall be entered into between the General-in-Chief 
of the said troops and the Mexican government, 
whereby healthy and otherwise suitable places, at 
a distance from the ports not exceeding thirty 
leagues, shall be designated for the residence of 
such troops as may not yet have embarked, until 
the return of the healthy season. And the space 
of time here referred to as comprehending the sick- 
ly season, shall be understood to extend from the 
first day of May to the first day of November. 

All prisoners of war taken on either side, on 
land or on sea, shall be restored as soon as prac- 


501 TREATY OF GUADALUPE HIDALGO. Art. V 


ticable after the exchange of ratifications of this 
Treaty. It is also agreed that if any Mexicans 
should now be held as captives by any savage ‘tribe 
within the limits of the United States, as about 
to be established by the fqllowing article, the gov- 
ernment of the said United States will exact the 
release of such captives, and cause them to be 
restored to their country. 


ARTICLE V. 


The boundary line between the two republics 
shall commence in the Gulf of Mexico, three 
leagues from land, opposite the mouth of the Rio 
Grande, otherwise called Rio Bravo del Norte, 
or opposite the mouth of its deepest branch, if it 
should have more than one branch emptying di- 
rectly into the sea; from thence up the middle of 
that river, following the deepest channel, where it 
has more than one, to the point where it strikes 
the southern boundary of New Mexico; thence, 
westwardly, along the whole southern boundary of 
New Mexico (which runs north of the town called: 
Paso) to its western termination; thence, north- 
ward, along the western line of New Mexico, un- 
til it intersects the first branch of the river Gila 
(or if it should not intersect any branch of that 
river, then to the point on the said line nearest 
to such branch, and thence in a direct line to the 
same) ; thence down the middle of the said branch 


Art. V TREATY OF GUADALUPE HIDALGO. 502 


and of the said river, until it empties into the — 
Rio Colorado; thence across the Rio Colorado, 
following the division line between Upper and 
Lower California, to the Pacific Ocean. 

The southern and western limits of New Mexi- 
co, mentioned in this article, are those laid down 
in the map entitled “Map of the United Mexican 
States, as organized and defined by various Acts 
of the Congress of said Republic, and constructed 
according to the best Authorities. Revised edi- 
tion. Published at New York, in 1847, by J. 
Disturnell.” Of which map a copy is added to 
this Treaty, bearing the signatures and seals of the 
undersigned plenipotentiaries. And, in order to 
preclude all difficulty in tracing upon the ground 
the limit separating Upper from Lower California, 
it is agreed that the said limit shall consist of a 
straight line drawn from the middle of the Rio 
Gila, where it unites with the Colorado, to a point 
on the coast of the Pacific Ocean distant one 
marine league due south of the southernmost 
point of the port of San Diego, according to the 
plan of said port made in the year 1782 by Don 
Juan Pantoja, second sailing-master of the Span- 
ish fleet, and published at Madrid in the year 
1802, in the Atlas to the voyage of the schooners 
Sutil and Meaicana, of which plan a copy is here- 
unto added, signed and sealed by the respective 
plenipotentiaries. 


503 TREATY OF GUADALUPE HIDALGO. Art. VI 


In order to designate the boundary line with 
due precision, upon authoritative maps, and to es- 
tablish upon the ground landmarks which shall 
show the limits of both republics, as described in 
the present article, the two governments shall each 
appoint a commissioner and a surveyor, who, be- 
fore the expiration of one year from the date of 
the exchange of ratifications of this treaty, shall 
meet at the port of San Diego, and proceed to run 
and mark the said boundary in its whole course 
to the mouth of the Rio Bravo del Norte. They 
shall keep journals and make out plans of their 
operations; and the result agreed upon by them 
shall be deemed a part of this Treaty, and shall 
have the same force as if it were inserted therein. 
The two governments will amicably agree regard- 
ing what may be necessary to these persons, and 
also as to their respective Secor should such be 
necessary. 

The boundary line established by this article 
shall be religiously respected by each. of the two 
republics, and no change shall ever be made there- 
an, except by the express and free consent of both 
nations, lawfully given by the general government 
of each, in conformity with its own constitution. 


ARTICLE VI. 


The vessels and citizens of the United States 
shall, in all time, have a free and uninterrupted 
passage by the Gulf of California, and by the 


Art. VII TREATY OF GUADALUPE HIDALGO. 504 


river Colorado below its confluence with the Gila, 
to and from their possessions situated north of 
the boundary line defined in the preceding article ; 
it being understood that this passage is to be by 
navigating the Gulf of California and the river 
Colorado, and not by land, without the express 
consent of the Mexican government. 

If, by the examinations which may be made, it 
should be ascertained to be practicable and ad- 
vantageous to construct a road, canal, or railway, 
which should in whole or part run upon the river 
Gila, or upon its right or its left bank, within the 
space of one marine league from either margin 
of the river, the governments of both republics 
will form an agreement regarding its construction, 
in order that it may serve equally for the use and 
advantage of both countries. 


ARTICLE VII. 


The river Gila, and the part of the Rio Bravo 
del Norte lying below the southern boundary of 
New Mexico being, agreeably to the fifth article, 
divided in the middle between the two republics, 
the navigation of the Gila and of the Bravo below 
said boundary shall be free and common to the 
vessels and citizens of both countries; and neither 
shall, without the consent of the other, construct 
any work that may impede or interrupt, in whole 
or in part, the exercise of this right; not even for 
the purpose of favoring new methods of naviga- 


505 TREATY OF GUADALUPE HIDALGO. Art. VIII 


tion. Nor shall any tax or contribution, under 
any denomination or title, be levied upon vessels 
or persons navigating the same, or upon merchan- 
dise or effects transported thereon, except in the 
ease of landing upon one of their shores. If, for 
_the purpose of making the said rivers navigable, 
or for maintaining them in such state, it should 
be necessary or advantageous to establish any tax 
or contribution, this shall not be done without the 
consent of both governments. 

‘ The stipulations contained in the present article 
shall not impair the territorial rights of either 
republic within its established limits. 


ARTICLE VIII. 


Mexicans now. established in territories pre- 
viously belonging to Mexico, and which remain 
for the future within the limits of the United 
States, as defined by the present Treaty, shall be 
free to continue where they now reside, or to re- 
move at any time to the Mexican Republic, re- 
taining the property which they possess in the said 
territories, or disposing thereof, and removing the 
proceeds wherever they please, without their be- 
ing subjected, on this account, to any contribu- 
tion, tax, or charge whatever. 

Those who shall prefer to remain in the said 
territories, may either retain the title and rights 
of Mexican citizens, or acquire those of citizens of 
the United States. But they shall be under the 


Constitution—43 


Art. IX TREATY OF GUADALUPE HIDALGO. 506 


obligation to make their election within one year 
from the date of the exchange of ratifications of 
this Treaty; and those who shall remain in the 
said territories after the expiration of that year, 
without having declared their intention to retain 
the character of Mexicans, shall be considered to 
have elected to become citizens of the United 
States. 

In the said territories, property of every kind, 
now belonging to Mexicans not established there, 
shall be inviolably respected. ‘The present own- 
ers, the heirs of these, and all Mexicans who may 
hereafter acquire said property by contract, shall 
enjoy, with respect to it, guarantees equally ample 
as if the same belonged to citizens of the United 
States. | 

ARTICLE IX. 


The Mexicans who, in the territories aforesaid, 
shall not preserve the character of citizens of the 
Mexican Republic, conformably with what is stip- 
ulated in the preceding article, shall be incorpo- 
rated into the Union of the United States and be 
admitted at the proper time (to be judged of by 
the Congress of the United States) to the enjoy- 
ment of all the rights of citizens of the United 
States according to the principles of the constitu- 
tion; and in the mean time shall be maintained 
and protected in the free enjoyment of their lib- 
erty and property, and secured in the free exercise 
of their religion without restriction. 


507 TREATY OF GUADALUPE HIDALGO. Arts. X, XI 


ARTICLE X. 
[Stricken out. | 


ARTICLE XI. 


Considering that a great part of the territories 
which, by the present treaty, are to be compre- 
hended for the future within the limits of the 
United States, is now occupied by savage tribes, 
who will hereafter be under the exclusive control 
of the government of the United States, and whose 
incursions within the territory of México would 
be prejudicial in the extreme, it is solemnly agreed 
that all such incursions shall be forcibly restrained 
by the government of the United States whenso- 
ever this may be necessary; and that, when they 
cannot be prevented, they shall be punished by 
the said government, and satisfaction for the same 
shall be exacted—all in the same way, and with 
equal diligence and energy, as if the same incur- 
sions were meditated or committed within its own 
territory against its own citizens. 

It shall not be lawful, under any pretext what- 
ever, for any inhabitant of the United States to 
purchase or acquire any Mexican, or any foreigner 
residing in Mexico, who may have been captured 
by Indians inhabiting the territory of either of 
the two republics, nor to purchase or acquire 
horses, mules, cattle, or property of any kind, 
stolen within Mexican territory by such Indians. 


Art. XI TREATY OF GUADALUPE HIDALGO. 508 


And in the event of any person or persons, cap- 
tured within Mexican territory by Indians, being 
carried into the territory of the United States, 
the government of the latter engages and binds it- 
self in the most solemn manner, so soon as it 
shall know of such captives being within its ter- 
ritory, and shall be able so to do, through the 
faithful exercise of its influence and power, to 
rescue them, and return them to their country, 
or deliver them to the agent or representative of 
the Mexican government. The Mexican author- 
ities will, as far as practicable, give to the govern- 
ment of the United States notice of such captures ; 
and its agent shall pay the expenses incurred in 
the maintenance and transmission of the rescued 
captives; who, in the mean time, shall be treated 
with the utmost hospitality by the American au- 
thorities at the place where they may be. But 
if the government of the United States, before 
receiving such notice from Mexico, should obtain 
intelligence, through any other channel, of the 
existence of Mexican captives within its territory, 
it will proceed forthwith to effect their release 
and delivery to the Mexican agent as above stipu- 
lated. 

For the purpose of giving to these stipulations 
the fullest possible efficacy, thereby affording the 
security and redress demanded by their true spirit 
and intent, the government of the United States 
will now and hereafter pass, without unnecessary 


509 TREATY OF GUADALUPE HIDALGO. Art. XII 


delay, and always vigilantly enforce, such laws 
as the nature of the subject may require. And 
finally, the sacredness of this obligation shall 
never be lost sight of by the said government 
when providing for the removal of the Indians 
from any portion of the said territories, tr for 
its being settled by citizens of the United States; 
but on the contrary, special care shall then be 
taken not to place its Indian occupants under the 
necessity of seeking new homes, by committing 
those invasions which the United States have 
solemnly obliged themselves to restrain. 


ARTICLE XII. 


In consideration of the extension acquired by 
the boundaries of the United States, as defined in 
the fifth article of the present Treaty, the govern- 
ment of the United States engages to pay to that 
of the Mexican Republic the sum of fifteen mil- 
lions of dollars. 

Immediately after this Treaty shall have been 
duly ratified by the government of the Mexican 
Republic, the sum of three millions of dollars 
shall be paid to the said government by that of the 
United States, at the city of Mexico, in the gold 
or silver coin of Mexico. The remaining twelve 
millions of dollars shall be paid at the same 
place, and in the same coin, in annual install- 
ments of three millions of dollars each, together 
with interest on the same at the rate of six per 


Arts. XIII, XIV TREATY OF GUADALUPE HIDALGO, 510 


centum per annum. ‘This interest shall begin to 
run upon the whole sum of twelve millions from 
the day of the ratification of the present Treaty 
by the Mexican government, and the first of the 
installments shall be paid at the expiration of one 
year from the same day. ‘Together with each an- 
nual installment, as it falls due, the whole in- 
terest. accruing on such installment from the be- 
ginning shall also be paid. 


ARTICLE XIII. 


The United States engage, moreover, to assume 
and pay to the claimants all the amounts now 
due them, and those hereafter to become due, by 
reason of the claims already liquidated, and de- 
cided against the Mexican Republic, under the con- 
ventions between the two republics severally con- 
cluded on the eleventh day of April, eighteen hun- 
dred and, thirty-nine, and on the thirtieth day of 
January, eighteen hundred and forty-three; so 
that the Mexican Republic shall be absolutely 
exempt for the future from all expense whatever 
on account of the said claims. 


ARTICLE XIV. 


The United States do furthermore discharge 
the Mexican Republic from all claims of citizens 
of the United States, not heretofore decided 
against the Mexican government, which may have 


SEL TREATY OF GUADALUPE HIDALGO. Art. XV 


arisen previously to the date of the signature of 
this Treaty; which discharge shall be final and 
perpetual, whether the said claims be rejected or 
be allowed by the board of commissioners pro- 
vided for in the following article, and whatever 
shall be the total amount of those allowed. 


ARTICLE XV. 


The United States, exonerating Mexico from 
all demands on account of the claims of their 
citizens mentioned in the preceding article, and 
considering them entirely and for ever cancelled, 
whatever their amount may be, undertake to make 
_ satisfaction for the same, to an amount not ex- 

ceeding three and one quarter millions of dol- 
lars. ‘To ascertain the validity and amount of 
those claims, a board of commissioners shall be 
established by the government of the United 
States, whose awards shall be final and conclusive ; 
provided that, in deciding upon the validity of 
each claim, the board shall be guided and goy- 
erned by the principles and rules of decision pre- 
scribed by the first and fifth articles of the un- 
ratified convention, concluded at the city of Mexi- 
co on the twentieth day of November, one thou- 
sand eight hundred and forty-three; and in no 
case shall an award be made in favor of any claim 
not embraced by these principles and rules. 

If, in the opinion of the said board of commis- 
sioners, or of the claimants, any books, records, 


Art. XVI TREATY OF GUADALUPE HIDALGO. 512 


or documents in the possession or power of the 
government of the Mexican Republic, shall be 
deemed necessary to the just decision of any claim, 
the commissioners, or the claimants through them, 
shall, within such period as Congress may desig- 
nate, make an application in writing for the same, 
addressed to the Mexican Minister for Foreign 
Affairs, to be transmitted by the Secretary of 
State of the United States; and the Mexican gov- 
ernment engages, at the earliest possible moment 
after the receipt of such demand, to cause any 
of the books, records, or documents, so specified, 
which shall be in their possession or power (or 
authenticated copies or extracts of the same), to 
be transmitted to the said Secretary of State, 
who shall immediately deliver them over to the 
said board of commissioners; provided, that no 
such application shall be made by, or at the in- 
stance of, any claimant, until the facts which 
it is expected to prove by such books, records, 
or documents, shall have been stated under oath 
or affirmation. 


ARTICLE XVI. 


Each of the contracting parties reserves to it- 
self the entire right to fortify whatever point with- 
in its territory it may judge proper so to fortify, 
for its security. 


é 
513 TREATY OF GUADALUPE HIDALGO. Arts. XVII, XVIII 


ARTICLE XVII. 


The Treaty of amity, commerce, and naviga- 
tion, concluded at the city of Mexico on the fifth 
day of April, A. D. 1831, between the United 
States of America and the United Mexican States, 
except the additional article, and except so far 
as the stipulations of the said Treaty may be 
incompatible with any stipulation contained in 
the present Treaty, is hereby revived for the 
period of eight years from the day of the ex- 
change of ratifications of this Treaty, with the 
same force and virtue as if incorporated therein ; 
it being understood that each of the contracting 
parties reserves to itself the right, at any time 
after the said period of eight years shall have ex- 
pired, to terminate the same by giving one year’s 
notice of such intention to the other party. 


ARTICLE XVIII. 


All supplies whatever for troops of the United 
States in Mexico, arriving at ports in the oc- 
cupation of such troops previous to the final 
evacuation thereof, although subsequently to the 
restoration of the custom-houses at such ports, 
shall be entirely exempt from duties and charges 
of any kind; the government of the United States 
hereby engaging and pledging its faith to estab- 
lish, and vigilantly to enforce all possible guards 
for securing the revenue of Mexico, by preventing 


Art. XIX TREATY OF GUADALUPE HIDALGO. 514 


the importation, under cover of this stipulation, 
of any articles other than such, both in kind and 
in quantity, as shall really be wanted for the use 
and consumption of the forces of the United 
States during the time they may remain in Mexi- 
co. To this end, it shall be the duty of all of- 
ficers and agents of the United States to denounce 
' to the Mexican authorities at the respective ports 
any attempts at a fraudulent abuse of this stipu- 
lation which they may know of or may have rea- 
son to suspect, and to give to such authorities all 
the aid in their power with regard thereto; and 
every such attempt, when duly proved and es- 
tablished by sentence of a competent tribunal, 
shall be punished by the confiscation of the prop- 
erty so attempted to be fraudulently introduced. 


ARTICLE XIX. 


With respect to all merchandise, effects, and 
property whatsoever, imported into ports of Mexi- 
co whilst in the occupation of the forces of the 
United States, whether by citizens of either re- 
public, or by citizens or subjects of any neutral 
nation, the following rules shall be observed: 

1. All such merchandise, effects, and property, 
if imported previously to the restoration of the 
custom-houses to the Mexican authorities, as stipu- 
lated for in the third article of this Treaty, shall 
be exempt from confiscation, although the im- 
portation of the same be prohibited by the Mexi- 
ean tariff. 


515 - TREATY OF GUADALUPE HIDALGO. Art. XIX 


2. The same perfect exemption shall be enjoyed 
by all such merchandise, effects, and property, im- 
ported subsequently to the restoration of the cus- 
tom-houses, and previously to the sixty days fixed 
in the following article for the coming into force 
of the Mexican tariff at such ports respectively ; 
the said merchandise, effects, and property being, 
however, at the time of their importation, subject 
to the payment of duties, as provided for in the 
said following article. 

3. All merchandise, effects, and property de- 
scribed in the two rules foregoing shall, during 
their continuance at the place of importation, and 
upon their leaving such place for the interior, be 
exempt from all duty, tax, or impost of every 
kind, under whatsoever title or denomination. 
Nor shall they be there subjected to any charge 
whatsoever upon the sale thereof. 

4, All merchandise, effects, and property de- 
scribed in the first and second rules, which shall 
have been removed to any place in the interior 
whilst such place was in the occupation of the 
forces of the United States, shall, during their 
continuance therein, be exempt from all tax upon 
the sale or consumption thereof, and from every 
kind of impost or contribution, under whatsoever 
title or denomination. 

5. But if any merchandise, effects, or property.) 
described in the first and second rules, shall be 
removed to any place not occupied at the time by 


Art. XX TREATY OF GUADALUPE HIDALGO. 516 


the forces of the United States, they shall, upon 
their introduction into such place, or upon their 
sale or consumption there, be subject to the same 
duties which, under the Mexican laws, they would 
be required to pay in such cases if they had been 
imported in time of peace, through the maritime 
custom-houses, and had there paid the duties con- 
formably with the Mexican tariff. 

6. The owners of all merchandise, effects, or 
property described in the first and second rules, 
and existing in any port of Mexico, shall have 
the right to reship the same, exempt from all 
tax, impost, or contribution whatever. 

With respect to the metals, or other property, 
exported from any Mexican port whilst in the oc- 
cupation of the forces of the United States, and 
previously to the restoration of the custom-house 
at such port, no person shall be required by the 
Mexican authorities, whether general or state, to 
pay any tax, duty, or contribution upon any such 
exportation, or in any manner to account for the 
same to the said authorities. 


ARTICLE XX. 


Through consideration for the interests of com- 
merce generally, it is agreed, that if less than 
sixty days should elapse between the date of the 
signature of this Treaty and the restoration of 
the custom-houses conformably with the stipula- 
tion in the third article, in such case all mer- 


Pe TREATY OF GUADALUPE HIDALGO. Art. XXI 


chandise, effects, and property whatsoever, arriv- 
ing at the Mexican ports after the restoration of 
the said custom-houses, and previously to the ex- 
piration of sixty days after the day of the signa- 
ture of this Treaty, shall be admitted to entry; 
and no other duties shall be levied thereon than 
the duties established by the tariff found in force 
at such custom-houses at the time of the restora- 
tion of the same. And to all such merchandise, 
effects, and property, the rules established by the 
preceding article shall apply. 


ARTICLE XXI. | 


If unhappily any disagreement should here- 
after arise between the governments of the two 
republics, whether with respect to the interpreta- 
tion of any stipulation in this Treaty, or with 
respect to any other particular concerning the 
political or commercial relations of the two na- 
tions, the said governments, in the name of those 
nations, do promise to each other that they will 
endeavor, in the most sincere and earnest man- 
ner, to settle the differences so arising, and to 
nreserve the state of peace and friendship in which 
the two countries are now placing themselves; 
using, for this end, mutual representations and 
pacific negotiations. And if, by these means, they 
should not be enabled to come to an agreement, a 
resort shall not, on this account, be had to re- 
prisals, aggression, or hostility of any kind, by the 

Constitution—44 


Art. XXII TREATY OF GUADALUPE HIDALGO. 518 


one republic against the other, until the govern- 
ment of that which deems itself aggrieved shall 
have maturely considered, in the spirit of peace 
and good neighborship, whether it would not be 
better that such difference should be settled by 
the arbitration of commissioners appointed on 
each side, or by that of a friendly nation. And 
should such course be proposed by either party, 
it shall be acceded to by the other, unless deemed 
by it altogether incompatible with the nature of 
the difference, or the circumstances of the case. 


ARTICLE XXII. 


If (which is not to be expected, and which 
God forbid!) war should unhappily break out 
between the two republics, they do now, with a 
view to such calamity, solemnly pledge themselves 
to each other and to the world, to observe the fol- 
lowing rules, absolutely, where the nature of the 
subject permits, and as closely as possible in all 
cases where such absolute observance shall be 
impossible. 

1. The merchants of either republic then re- 
siding in the other shall be allowed to remain 
twelve months (for those dwelling in the interior), 
and six months (for those dwelling at the sea- 
ports), to collect their debts and settle their 
affairs ; during which periods, they shall enjoy the 
same protection, and be on the same footing, in 


519 TREATY OF GUADALUPE HIDALGO. Art. XXII 


all respects, as the citizens or subjects of the most 
friendly nations; and, at the expiration thereof, 
or at any time before, they shall have full lberty 
to depart, carrying off all their effects without 
molestation or hindrance: conforming therein to 
the same laws which the citizens or subjects of 
the most friendly nations are required to conform 
to. Upon the entrance of the armies of either 
nation into the territories of the other, women and 
children, ecclesiastics, scholars of every faculty, 
cultivators of the earth, merchants, artisans, manu- 
facturers, and fishermen, unarmed and inhabiting 
unfortified towns, villages, or places, and in gen- 
eral all persons whose occupations are for the com- 
mon subsistence and benefit of mankind, shall be 
allowed to continue their respective employments 
unmolested in their persons. Nor shall their 
houses or goods be burnt or otherwise destroyed, 
nor their cattle taken, nor their fields wasted, by 
the armed force into whose power, by the events of 
war, they may happen to fall; but if the necessity 
arise to take anything from them for the use of 
such: armed force, the same shall be paid for at 
an equitable price. All churches, hospitals, 
schools, colleges, libraries, and other establish- 
ments, for charitable and beneficent purposes, 
shall be respected, and all persons connected with 
the same protected in the discharge of their duties 
and the pursuit of their vocations. 


Art. XXII TREATY OF GUADALUPE HIDALGO. 520 


2. In order that the fate of prisoners of war 
may be alleviated, all such practices as those of 
sending them into distant, inclement, or unwhole- 
some districts, or crowding them into close and 
noxious places, shall be studiously avoided. They 
shall not be confined in dungeons, prison-ships, or 
prisons; nor be put in irons, or bound, or other- 
wise restrained in the use of their limbs. The 
officers shall enjoy liberty on their paroles, with- 
in convenient districts, and have comfortable 
quarters; and the common soldiers shall be dis- 
posed in cantonments, open and extensive enough 
for air and exercise, and lodged in barracks as 
roomy and good as are provided by the party in 
whose power they are, for its own troops. But if 
any officer shall break his parole by leaving the 
district so assigned him, or any other prisoner 
shall escape from the limits of his cantonment, 
after they shall have been designated to him, 
such individuals, officer, or other prisoner, shall 
forfeit so much of the benefit of this article as 
provides for his lberty on parole or in canton- 
ment. And if any officer so breaking his parole, ~ 
or any common soldier so escaping from the limits 
assigned him, shall afterwards be found in arms, 
previously to his being regularly exchanged, the 
person so offending shall be dealt with according 
to the established laws of war. The officers shall 
be daily furnished by the party in whose power 
they are, with as many rations, and of the same 


521 TREATY OF GUADALUPE HIDALGO. Art. XXII 


articles, as are allowed, either in kind or by com- 
mutation, to officers of equal rank in its own army; 
and all others shall be daily furnished with such 
ration as is allowed to a common soldier in its 
own service: the value of all which supphes shall, 
at the close of the war, or at periods to be agreed 
upon between the respective commanders, be paid 
by the other party, on a mutual adjustment of 
accounts for the subsistence of prisoners ; and such 
accounts shall not be mingled with or set off 
against any others, nor the balance due on them 
be withheld, as a compensation or reprisal for 
any cause whatever, real or pretended. Hach 
party shall be allowed to keep a commissary of 
prisoners, appointed by itself, with every canton- 
ment of prisoners, in possession of the other; 
which commissary shall see the prisoners as often 
as he pleases; shall be allowed to receive, exempt 
from all duties or taxes, and to distribute, what- 
ever comforts may be sent to them by their 
friends; and shall be free to transmit his reports 
in open letters to the party by whom he is em- 
ployed. 

And it is declared that neither the pretence 
that war dissolves all treaties, nor any other what- 
ever, shall be considered as annulling or suspend- 
ing the solemn covenant contained in this article. 
On the contrary, the state of war is precisely that 
for which it is provided; and during which its 
stipulations are to be as sacredly observed as the 


Art. XXIII TREATY OF GUADALUPE HIDALGO. 522 


most acknowledged obligations under the law of 
nature or nations. 


ARTICLE XXIII. 


This treaty shall be ratified by the President of 
the United States of America, by and with the 
advice and consent of the Senate thereof; and 
by the President of: the Mexican Republic, with 
the previous approbation of its General Congress ; 
and the ratifications shall be exchanged in the 
city of Washington, or at the seat of government 
of Mexico, in four months from the date of the 
signature hereof, or sooner if practicable. 

In faith whereof, we, the respective plenipoten- 
tiaries, have signed this treaty of peace, friend- 
ship, limits, and settlement; and have hereunto 
affixed our seals respectively. Done in quintupli- 
cate, at the city of Guadalupe Hidalgo, on the 
second day of February, in the year of our Lord 
one\thousand eight hundred and forty-eight. 

Nets tetas fu. s.] 
LUIS G. CUEVAS, [L. 8. ] 
BERNARDO COUTO, {1 8.] 
MIGL. ATRISTAN.  f1.8.]_ 

And whereas the said treaty, as amended, has 
been duly ratified on both parts, and the respec- 
tive ratifications of the same were exchanged at 
Querétaro on the thirtieth day of May last, by 
Ambrose H. Sevier and Nathan Clifford, Com- 


23 TREATY OF GUADALUPE HIDALGO. 


missioners on the part of the Government of the 
United States, and by Senor Don Louis de la 
Rosa, Minister of Relations of the Mexican Re- 
public, on the part of that Government: 

Now, therefore, be it known, that I, James K. 
Polk, President of the United States of America, 
have caused the said T'reaty to be made public, 
to the end that the same and every clause and ar- 
ticle thereof may be observed and fulfilled with 
good faith by the United States and the citizens 
thereof. 

In witness whereof, I have hereunto set my 
hand and caused the seal of the United States to 
be affixed. 

Done at the city of Washington, this fourth day 
of July, one thousand eight hundred and forty- 
eight, and of the Independence of the United 
States the seventy-third. 

[L. s.] JAMES K. POLK. 
By the President: 

JAMES BUCHANAN, 
Secretary of State. 


TREATY OF GUADALUPE HIDALGO. 524 . 


ARTICLES REFERRED TO IN THE FIF- 
TEENTH ARTICLE OF THE PRECED- 
ING TREATY. 


First and Fifth Articles of the unratified Con- 
vention between the United States and the 
Mexican Republic of the 20th Nov. 1843. 


ARTICLE I. 


Att claims of citizens of the Mexican Republic 
against the government of the United States, 
which shall be presented in the manner and time 
hereinafter expressed, and all claims of citizens 
of the United States against the government of 
the Mexican Republic, which for whatever cause 
were not submitted to, nor considered nor finally 
decided by, the commission, nor by the arbiter ap- 
pointed by the convention of 1839, and which 
shall be presented in the manner and time here- 
inafter specified, shall be referred to four com- 
missioners, who shall form a board, and shall be 
appointed in the following manner, that is to 
say: Two commissioners shall be appointed by 
the President of the Mexican Republic, and the 
other two by the President of the United States, 
with the approbation and consent of the senate. 
The said commissioners, thus appointed, shall, 
in presence of each other, take an oath to ex- 
amine and decide impartially the claims submitted 
to them, and which may lawfully be considered, 


525 . TREATY OF GUADALUPE HIDALGO. 


according to the proofs which shall be presented, 
the principles of right and justice, the law of na- 
tions, and the treaties between the two republics. 


ARTICLE V. 


All claims of citizens of the United States 
against the government of the Mexican Republic, 
which were considered by the commissioners, and 
referred to the umpire appointed under the con- 
vention of the eleventh April, 1839, and which 
were not decided by him, shall be referred to, 
and decided by, the umpire to be appointed, as 
provided by this convention, on the points sub- 
mitted to the umpire under the late convention, 
and his decision shall be final and conclusive. It 
is also agreed, that, if the respective commission- 
ers shall deem it expedient, they may submit to 
the said arbiter new arguments upon the said 
claims. 













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INDEX 


TO THE 


Constitution of the United States 





[The References are to Article or Amendment, 
Section, and Subdivision Thereof. ] 





ACCOUNTS OF PUBLIC MONEY—to be published, 
Art. 1, See. 9, Subd. 7. 
ADJOURNMEN'T—of House, for want of a quorum, 
ie on. 
restriction on power of, 1, 5, 4. 
when President may adjourn Congress, 2, 3. 
ADMIRALTY AND MARITIME JURISDICTION— 
3; 2. 
ADOPTION—of confederation debts and obligations, 
Guat, 
AFFIRMATION—see Oath. 
ALLIANCE—no State shail enter into treaty of, 1, 
L071: 
AMBASSADORS—President may appoint, 2, 2, 2. 
judicial power extends to, 3, 2, 1. 
AMENDMEN'!'S—when Congress shall propose, 5. 
to be ratified by three-fourths of the States, 5. 
APPELLATE JURISDICTION—of Supreme Court, 
: B12342: 
APPORTIONMENT —of representation and _ direct 
taxation, 1, 2, 3. Repealed—Am. 14, 2. 
of Representatives among the several States, 
Am. 14, 2. 
(527) 


528 - INDEX TO U. S. CONSTITUTION. 


APPROPRIATE LEGISLATION—power of Con- 
gress, Art. 1, Sec. 8, Subd. 18. 
enforcement of Thirteenth Amendment, 13, 2. 
enforcement of Fourteenth Amendment, 14, 5. 
enforcement of Fifteenth Amendment, 15, 2. 
APPROPRIATION—for army, limited to two years, 
1, 8, 12. 
money not to be drawn but in consequence of, 
1 Ose i: 
ARMIES—appropriations limited to two years, 1, 8, 
12 


Congress to make rules for government of, 1, 8, 


ARM S—right of people to bear, 2. 
ARREST —privilege of members from, 1, 6, 1. 
ARSENALS—exclusive authority of Congress, 1, 8, 
Tae 
ARTS—Congress to promote, 1, 8, 8. 
ATTAINDHDR—Congress cannot pass Dill of, 1, 9, 3. 
State shall not pass bill of, 1, 10, 1. 
of treason, not to work corruption of blood, 3, 
3,2. 
AUTHORS AND INVENTORS—Congress to secure 
wirights Soffa y7Sns. 


BAIL—excessive not to be required, Am. 8. 
BALLO'l—electors to vote by, Am. 12. 
when House to choose President by, Am. 12. 
BANKRUPTCIES—Congress to pass uniform laws 
on, 1, 8, 4. 
BASIS OF REPRESENTATION—Am. 14, 2. 
BILL OF ATTAINDER—Congress cannot pass, 1, 9, 
at 
States shall not pass, 1, 10, 1. 
BILLS OF CREDIT—States shall not emit, 1, 10, 1. 
BILLS—for raising revenue to originate in House, 1, 
TOL: 
on passage of both Houses to be presented to 
President, 1, 7, 2. 
power of President to sign or disapprove them, 
Lge: 
two-thirds of each House may pass over his veto, 
1) f3290e 
not returned by President within ten days be- 
come law, unless, ete., 1, 7, 2. 


INDEX TO U. S. CONSTITUTION. 529 


BOUNTIES—debt for, not to be questioned, Am. 14, 
Sec. 4. 

BREACH OF PEACE—no privilege from arrest for, 
ie A. 

BRIBERY—all officers liable to impeachment for, 2, 
4. 


CAPITATION TAX—laid in proportion to the cen- 
sus, 1, 9, 4. 
CAPTURES—Congress to make rules for, 1, 8, 11. 
CENSUS—of people, when to be taken, 1, 2, 3. 
capitation tax in proportion to, 1, 9, 4. 
CHIEF JUSTICE—to preside on impeachment of 
President, 1, 3, 6. 
CITIZEN—who eligible as President, 2, 1, 4. 
who eligible as Senator, 1, 3, 3. 
who eligible as Representative, 1, 2, 1. 
privileges and immunities of, 4, 2, 1. 
who are citizens, Am. 14, 1. 
privileges or immunities not to be abridged, Am. 
not to be deprived of life, liberty, or property 
without due process of law, Am. 14, 1. 
equal protection of laws not to be denied, Ain. 
14, 1. 
CLASSIFICATION OF SENATORS—into three 
classes, 1, 3, 2. 
COMMANDER IN CHIEF—of Army and Navy, 2. 


2, 1. 
COMMERCE—Congress shall have power to regn- 
late, 1, 8, 3. 
no preference to be given between ports of 
States, 1, 9, 6. 


COMPACT —States not to enter into, 1, 10, 3. 
COMPENSATION—of President, 2, 1, 6. 
of Senators and Representatives, 1, 6, 1. 
of Judges of Supreme and Superior Courts, 3, 1. 
private property not to be taken without mak- 
ing, Aim. 5. 
COMPULSORY PROCESS—accused to have, Am. 6. 
CONFEDERATION—State not to enter into, 1, 10, 1. 
debts of original assumed, 6. 
CONGRESS—legislative powers vested in, 1, 1. 
of what to consist, 1, 1. 
to assemble at least once a year, 1, 4, 2. 
Constitution-—45 


530 INDEX TO U. S. CONSTITUTION. 


CONGRESS—may alter regulations for election of 

members, Art. 1, Sec. 4, Subd. 1. 

each House to judge of qualifications of its mem- 
bers, 1, 5, 1. 

majority of each House a quorum, 1, 5, 1. 

less number may adjourn, 1, 5, 1. 

each House to determine rules of its proceed- 
ings, 1, 5, 2. 

two-thirds may expel a member, 1, 5, 2. 

each House to keep journal of proceedings, 1, 5, 
3 


restriction on power to adjourn, 1, 5, 4. 

compensation of members, 1, 6, 1. 

menibers privileged from arrest, except, 1, 6, 1. 

ineligible to offices created during term of ser- 
vice, 1, 6, 2. 

who ineligible, 1, 6, 2. 

bills for raising revenue to originate in House, 1, 
as 

proceedings on bill returned by President, 1, 7, 2. 

power to lay and collect duties, ete., 1, 8, 1. 

to borrow money on credit of United States, 1, 
Sh lan - 

to regulate commerce, 1, 8, 3. 

to establish rule of naturalization, 1, 8, 4. 

to establish uniform laws on subject of bank- 
ruptcies, 1, 8, 4. 

to coin money and regulate value of coin, 1, 8, 5. 

to fix standards of weights and measures, 1, 8, 5. 

to punish counterfeiting, 1, 8, 6. 

to establish post-offices and post-roads, 1, 8, 7. 

to promote progress of science and art, 1, 8, 8. 

to constitute inferior tribunals, 1, 8, 9. 

to define and punish piracies, ete., 1, 8, 10. 

to punish offenses against law of nations, 1, §, 
10. 

to declare war, 1, 8, 11. 

to grant letters of marque and reprisal, 1, 8, 11. 

to make rules concerning captures, 1, 8, 11. 

to raise and support armies, 1, 8, 12. 

restriction on appropriations, 1, 8, 12. 

to provide and maintain a Navy, 1, 8, 13. 

to make rules for Army and Navy, 1, 8, 14. 

to call out militia in case of necessity, 1, 8, 15. 


INDEX TO U. S. CONSTITUTION, 531 


CONGRESS—to provide for organizing, etec., militia, 
Art. 1, Sec. 8, Subd. 16. 
to legislate over District of Columbia, and over 
forts, magazines, ete., 1, 8, 17. 
to make ail laws necessary to carry out the pow- 
ers of Government, 1, 8, 18. 
may determine time of choosing Presidential 
electors, 2, 1, 3. 
may admit new States into the Union, 4, 3, 1. 
may make needful rules for the territory of the 
United States, 4, 3, 2. 
two-thirds may propose amendments, 5. 
who disqualified as members, Am. 14, 3. 
disqualifications may be removed, Am. 14, 3. 
may enforce Thirteenth Amendment, Am. 13, 2. 
may enforce Fourteenth Amendment, Am. 14, 5. 
may enforce Fifteenth Amendment, Am. 15, 2. 
CONSENT—of Congress, required for official to re- 
ceive present, ete., 1, 9, 8. 
required for State to lay imposts, ete., 1, 10, 2. 
or to lay duty on tonnage, 1, 10, 3. 
or to enter into agreement or compact with 
other State, 1, 10, 3. 
or to engage in war, 1, 10, 3. 
or to form new State within another State, 
4.3, i. 
or for the junction of States or parts of 
States, 4, 3, 1. 
neither House to adjourn without consent of 
other, 1, 5, 4. 
of Senate required in making treaty, 2, 22. 
or in appointing Ambassadors, etc., 2, 2, 2. 
CONTRACTS—State not to pass law violating obli- 
gations of, 1, 10, 1. 
CONVENTION—for , proposing amendments how 
called, 5. 
COPYRIGHTS—Congress may provide for, 1, 8, 8. 
COUNTERIEITING—Congress shall provide pun- 
: ishment for, 1, 8, 6. 
COURTS— inferior may be constituted by Congress, 
te. G. 
judicial power vested in, 3, 1. 
term of office of judges of, 3, 1. 


532 INDEX TO U. 8S. CONSTITUTION. 


CREDIT—to be given to public acts and records, 
‘Art. 4, Sec. 1. . 
CRIME—how person held to answer for, 5. 
impeachment of civil officers for, 2, 4. 
trial for to be by jury, 3, 2, 3. 
place of trial for, 3, 2, 3. 
prosecutions for, rights of accused, 6. 
CRUEL OR UNUSUAL PUNISHMENTS PROHIB- 
ITHD-—Am. 8. 


DEBT OF UNITED STATES—not to be questioned, 
Am, 14, 4. 
Congress has power to pay, 1, 8, 1. 
under prior confederation assumed, 6, 1. 
DEBTS—incurred in aid of insurrection repudiated, 


Am. 14, 4. 
DEFENSE—Constitution adopted to insure, Pream- 
ble. 


power of Congress to provide for, 1, 8, 1. 
right of accused in criminal prosecutions, Am. 6. 
DEPARTMENTS—appointment of officers may be 
vested in, 2, 2, 
DIRECT TAX—how fips 1, 9, 4 
how apportioned, 1, 2, 3. 
[Repealed by 14th Amendment. ] 
Dee ese —provisions in case of as to President, 
ete eo Loe. 
to hold office by engagement in rebellion, Am, 14, 
3 


may be removed by Congress, Am. 14, 3. 
DISQUALIFICATION—of Senator or Representa- 
tive for other office, 1, 6, 2. 
for membership of either House, 1, 6, 2. 
by engaging in rebellion, Am. 14, 3. 
DISTRICT OF COLUMBIA—Congress to exercise 
exclusive legislation, 1, 8, 17. 
DOCK YARDS—exclusive control of Congress, 1, 8, 
ee 
DUE PROCESS~ OF LA W—persons not to be de- 
prived of life, liberty, or property without, Am. 
5. 
State not to deprive of life, liberty, or property 
without, Am. 14, 1. 


INDEX TO U. S. CONSTITUTION. 533 


DUTIES OF PRESIDENT—when to devolve ou 
Vice-President, Art. 2, See. 1, Subd. 5. 
in case of disability of both, Congress shall de- 
clare who shall act, 2, 1, 5. 
DUTIES—imposts and excises, power of Congress to 
day, 1, 8, 1. 
to be uniform throughout U. S., 1, 8, 1. 
no duty or tax to be laid on exports from a 


State, 1, 8, 1. 

vessels clearing from one State not to pay in an- 
other, 1, 9, 6. 

no State to lay duty on imports or exports, 1, 
10, 2. 


if laid by consent of Congress, net produce to be 
for use of U. S., 1, 10, 2. 
all such laws subject to control and revision of 
Congress, 1, 10, 2. 
DUTY ON TONNAGE —no State to lay without con- 
sent of Congress, 1, 10, 38. 


ELECTIONS—of executive, Congress may determine 

jay of, 2, 1,’ 3. 

day to be the same throughout U. S., 2, 1, 3. 

tor Senators and Representatives, Legislatures 
of States to prescribe, 1, 4, 1. 

subject to alteration and regulation of Congress, 
a ae i 

each House to judge of returns and qualifica- 
tions of its members, 1, 5, 1. 

ELECTORS--for President and Vice-President, each 

State to appoint, 2, 1, 2. 

number equal to Senators and Representatives, 
aM as ws 

who not eligible, 2, 1, 2. 

Congress may determine time of choosing and of 
voting by, 2, 1, 3. 

day to be the same throughout U. S., 2, 1, 3. 

to meet and vote by ballot, Am. 12. 

ballots for President and Vice-President to be 
distinct, Am. 12. 

one at least to be inhabitant of another State, 
Am. 12. 

distinct lists to be made, Am. 12. 

to sign, certify, and transmit lists to President 
of Senate, Am. 12. 


534 INDEX TO U. S. CONSTITUTION. 


ELECTORS—who disqualified to office of, Am. 14, 
Sec. 3. ; 
Congress may remove disability, Am. 14, 3. 
EMANCIPATION—of slave, claim for loss by illegal 
and void, Am. 14, 4. 
EMOLUMENTS—U. S. official not to accept from 
foreign king, etc., 1, 9, 8. 
ENUMERATION—of inhabitants, when to be made, 
Lac. 
ratio of representation, 1, 2, 3. 
of rights, not to disparage others retained, Am. 
9 ' 


HQUAL PROTECTION OF THE LAWS—no State 
shall deny, Am. 14, 1. 
EQUAL SUFFRAGH IN SENATE—secured to 
States, 5. 
EXCESSIVE BAIL—shall not be required, Am. 8. 
EXCISES—power of Congress to lay and collect, 1, 
Soria 
to be uniform, 1, 8, 1. 
EXCLUSIVE LEGISLATION—by Congress over 
District of Columbia, 1, 8, 17. 
over places ceded to United States, 1, 8, 17. 
EXECUTIVE DEPARTMENTS—heads of may be 
vested with power to appoint inferior officers, 
QD eo: 
EXECUTIVE OFFICERS—to be bound by oath to 
support the Constitution, 6, 3. 
of States to be bound by oath, 6, 3. 
President may require written opinions of, 2, 2, 
di: 
EXECUTIVE POWER—vVested in President, 2, 1, 1. 
PX PENDITURES—of money to be published, 1, 9, 7. 
EXPORTS—from State, no tax to be laid on, 1, 9, 5. 
no State to lay duties on without consent of Con- 
gress, 1, 10, 2. 
if laid to be for use of Treasury, 1, 10, 2. 
and be subject to revision of Congress, 1, 10, 2. 
EX POST FACTO LAWS-—shall not be passed, 1, 
9, 3. 
State not to pass, 1, 10, 1. 
HXPULSION OF MEMBER—by concurrence of 
two-thirds, 1, 5, 2. 


INDEX TO U. S. CONSTITUTION, 535 


FAITH AND CREDIT —to acts, records, and judicial 
' proceedings of the several States, Art. 4, See. 1. 
HELONY—members of Congress not privileged: from 
arrest for, 1, 6, 1. 
on high seas, Congress shall have power to de- 
fine and punish, 1, 8, 10. 
FINES—excessive not to be imposed, Am. 8. 
ON COIN—Congress may regulate value of, 1, 


8, 

FORBIGN NATIONS—Congress to regulate com- 
merce with, 1, 8, 3. 

FOREIGN POWERS—State prohibited from enter- 
ing into compact with, 1, 10, 3. 

FORFEITURE—not to extend beyond life of party 
attainted, 3, 3, 2. 

FORMATION OF NEW STATES—provisions for, 4, 
Sees 

FORM OF GOVERNMENT~—States in Union to be 
guaranteed republican, 4, 4. 

States to be protected from invasion and domes- 

tic violence, 4, 4. 

FORTS—exclusive legislation by Congress over sites, 
Bay Gas sh 1» 

FREEDOM OF SPEECH AND OF THE PRESS— 
guaranteed, Am. 1. 

FUGITIVES—from justice to be delivered up, 4, 2, 
Z 


from service or labor to be delivered up, 4, 2, 3. 


GENERAL WELFARE—purpose of Constitution to 
secure, Preamble. 

Congress shall have power to provide for, 1, 8, 1. 

GEORGIA—Representatives in first Congress, 1, 2, 


3. 
GOLD AND SILVER COIN—trestriction on States as 
to tender in payment, 1, 10, 1. 
GOVERNMENT OF STATES—republican form 
guaranteed, 4, 4. 
protection from invasion or domestic violence, 4, 
4. 
GRAND JURY—crimes to be tried on presentment 
of, Am. 5. 
Boner’ 3 AS to land and naval forees and mili- 
tia, Am. 


536 INDEX TO U. S. CONSTITUTION. 


GUARANTY—of republican form of Government 
to States, Art. 4, Sec. 4. 
of protection of States from invasion and domes- 
tic violence, 4, 4. 


HABEAS CORPUS—writ not to be suspended, un- 
less, 1, 9, 2. 
HEADS OF DEPARTMENTS—may be vested with 
power to appoint officers, 2, 2, 2. 
President may require written opinions from, 2, 
Dale 
HIGH CRIMES AND MISDEMEANORS—removal 
of officers on impeachment for, 2, 4. 
HOUSE OF REPRESENTATIVES—composed of 
members chosen every second year, 1,2, 1. . 
qualification of electors, 1, 2, 1. 
qualification of member, age, and residence, 1, 2, 
ae 
State executives to issue writs of election, 1, 2, 
4 


shall choose speaker and other officers, 1, 2, 5. 

shall have sole power of impeachment, 1, 2, 5. 

shall judge elections, returns, and qualifications 
of its members, 1, 5, 1. 

a majority to constitute a quorum, 1, 5, 1. 

less mnay adjourn trom day to day, 1, 5, 1. 

may determine its rule of proceeding, 1, 5, 2. 

may punish for disorderly behavior, or expel a 
member, 1, 5, 2. 

shall keep journal of proceedings, 1, 5, 3. 

restriction on power to adjourn, 1, 5, 4. 

members not to be questioned for speech or de- 
bate, 1, 6, 1. 

United States official not eligible to membership, 
TD. ee . 

members ineligible to offices created during their 
membership, 1, 6, 2. 

bills for raising revenue to originate in, 1, 7, 1. 

votes for President and Vice-President to be 
counted in presence of, Am. 12. 

when and how to choose President, Am. 12. 

vote to be taken by States, Am. 12. 

quorum in such case, what to constitute, Am. 12. 

majority of States necessary to choice, Am. 12. 


INDEX TO U. S. CONSTITUTION. 537 


HOUSE OF REPRESENTATIVES—disability to 
membership by participation in rebellion, Aim. 
14, Sec. 3. 
Congress may remove disability, Am. 14, 3. 


IMMUNITIES—privilege of member of Congress 

from arrest, 1, 10, 3. 

soldiers not to be quartered in time of peace, 3. 

no person to be twice in jeopardy for same of- 
fense, 5. 

who are citizens of United States, Am. 14, 1. 

privileges and immunities of citizens not to be 
abridged, Am. 14, 1. 

State not to deprive of life, liberty, or property 
without due process of law, Am. 14, 1. 

nor deny the equal protection of the law, Am. 14, 


rf 
IMPEACHMENT—House to have sole power of, 1, 
By) De 


Senate the sole power to try, 1, 3, 6. 
to. be on oath or affirmation, 1, 38, 6. 
when Chief Justice to preside, 1, 3, 6. 
two-thirds necessary for conviction, 1, 3, ate 
judgment, extent of on conviction, 1, 3, 
meee not to bar indictment and eae ncne 
1, 3, 
IMPORTATION Or SLAVES_restriction on power 
of Congress, 1, 9, 1. 
tax may be imposed, 1, 9, 1. 
IMPORTS OR EXPORTS—State shall not lay with- 
out consent of Congress, 1, 10, 2. 
of land by State, for use of Treasury, 1, 10, 
shall be subject to revision of Congress, 1, Ho 2, 
IMPOS'TS AND EXCISES—Congress shall have pow- 
er to lay and collect, 1, 8, 1. 
to be uniform throughout States, 1, 8, 1. 
INDIAN TRIBES—Congress to regulate commerce 
Meiti. L. SOs 
INDICTMENT, OR PRESENTMENT— essential to 
trial for capital or infamous crime, Am. 5. 
except in cases in land and naval forces and 
militia, Am. 5. 
of person convicted on impeachment, 1, 3, 7 


538 INDEX TO U. 8S. CONSTITUTION, 


INFERIOR COURTS—power of Congress to estab- 
lish, Art. 1, Sec. 8, Subd. 9. 
judicial power vested in, 3, 1. 
judges to hold office during good behavior, 3, 1. 
compensation not to be diminished during official 
term, 3, 1. 
INFERIOR OFFICERS—Congress may invest ap- 
pointment of where they think proper, 2, 2, 2. 
INSURRECTIONS—Congress to provide for suppres- 
sion of, 1, 8, 15. 
participants in, disqualified for office, Am. 14, 3. 
Congress may remove disabilities, Am. 14, 3. 
debts contracted in aid of, void, Am. 14, 4. 
INVASION—State, when may engage in war, 1, 10, 
3 


writ of habeas corpus, suspension of, 1, 9, 1. 
Congress may cali militia out to repel, 1, 8, 15. 
United States to protect each State against, 4, 4. 
INVENTORS—Congress to pass laws to secure rights 
to; 1.5/3. 
INVOLUNTARY SERVITUDE—abolition of, except 
for crime, Am. 13, 1. 


JEOPARDY OF LIFE AND LIMB Dereon not to be 
twice subject to, Am. 5. 
JOURNAL OF PROCEEDINGS—each House to keep, 
Lor, noe 
J UDGES—of United States courts to hold office dur- 
ing good behavior, 3, 1. 
compensation not to be diminished during term, 
rode 
in every State bound by Constitution, laws, and 
treaties of United States, 6, 2. 
JUDGMENT—in impeachment cases to extend only 
to removal from office, 1, 3, 7. 
not a bar to indictment and trial at law, 1, 3, 7. 
JUDICIAL POWER—Congress may constitute in- 
ferior tribunals, 1, 8, 9. 
lodged in Supreme and inferior courts, 3, 1. 
judges to hold office during good behavior, 3, 1. 
compensation not to be diminished during con- 
tinuance in office, 3, 1. 
to extend to cases in law and equity, 3, 2, 1. 
to cases eS under Constitution, laws, and 
treaties, 3, 2, 1. 


INDEX TO U. S. CONSTITUTION. 539 


JUDICIAL POWER —to all cases affecting ambas- 
sadors, ministers, and consuls, Art. 8, Sec. 2, 
Subd. 1. 

_to all admiralty and maritime cases, 3, 2, 1. 

to controversies: to which United States is a 
VArty,'o, 2, 1. 

to controversies between States, 3, 2, 1. 

to controversies between a State and citizens of 
another State, 38, 2, 1. 

or between a State or its citizens and foreign 
States or citizens, 3, 2, 1. 

in cases affecting ambassadors, ete., Supreme 
Court to have original jurisdiction, 3, 2, 2. 

in all other cases to have appellate jurisdiction, 
oa 2: 

trial of crimes, pecatt in cases of impeachment, 
to be by jury, 3, 2, 3 

trial to be held in State where crime committed, 
S, 2, Oo. 

when not soreml tied within State Congress may 
direct, 3, -2, 3. 

not to extend to cases against a State by citizens 

of another State or a foreign State, Am. 11. 

JUDICIAL PROCEEDINGS—of States, full faith 
and credit to be given to, 4, 1. , 

manner of proving may be prescribed by Con- 
gress, 4, 1. 

JUDICIAL OF FICERS—to be bound by oath to sup- 
port Constitution, 6, 3. 

JURISDICTION—of Supreme Court, appellate and 
original, 3, 2, 2: 

of inferior tribunals, 1, 8, 9. 

JURY—trial of crimes except on impeachment to be 

by jury, 3, 2, 3. 

accused to have speedy and public trial by, Am. 
6. 

suits at law where value over twenty dollars 
shall be tried by, Am. 7. 

fact not to be re-examined except by rules of 
common law, Aim. 7. 

JUST COMPENSATION—property not a be taken 
for public use without, Am. 5. 

JUSTICE—purpose of Constitution to establish, 
Preamble. 


540 INDEX TO U. S. CONSTITUTION. 


LABOR—fugitives from, to be delivered up, Art. 4, 
See. 2, Subd. 38. 

LAND AND NAVAL FORCES—Congress may gov- 
ern and regulate, 1, 8, 14. 

LAW OF THE LAND—Constitution, laws, and 
treaties constitute, 6, 2. 

judges in every State bound by, 6, 2. 

LAW OF NATIONS—offenses against, Congress may 
provide punishment for, 1, 8, 10. 

LAWS—Congress may provide for execution of, 1, 8, 
15. 


and of powers vested in Government or any de- 
partment or officer, 1, 8, 18. 
judicial power to extend to all cases arising un- 
der, 3, 2, 1. 
LEGAL TENDER —NState shall not make anything 
but gold and silver coin a, 1, 10, 1. 
LEGISLATION-—exclusive in Congress over District 
of Columbia, 1, 8, 17. 
and over places purchased for forts, arsenals, 
ete., 1, 8, 17. 
Congress to make laws necessary for operation 
of powers of Government, 1, 8, 18. 
may enforce article prohibiting slavery, Am. 13, 2. 
may enforce Fourteenth Amendment, Am. 14, 5. 
may enforce Fifteenth Amendment, Am. 15, 2. 
LEGISLATIVE POWER —to be vested in Congress, 


ares 
LETTERS OF MARQUE AND REPRISAL—Con- 
gress may grant, 1, 8, 11. 
State prohibited from granting, 1, 10, 1. 
LIBERTY—purpose of Constitution to secure, Pre- 
amble. 
person not to be deprived of without due pro- 
cess of law, Am. 5. 
LIFE—no person to be deprived of without due pro- © 
cess of law, Am. 5. 
no person to be twice put in jeopardy of, Am. 5. 
same restriction on powers of States, Am. 14, 1. 
LOSS OF SLAVE—claim for illegal and void, Am. 
14, 4. 


MAGAZINES, ARSENALS, ETC.—Congress to have 
special legislation, 1, 8, 17. 


INDEX TO U. S. CONSTITUTION, 541 


MAJORITY—of each House to constitute a quorum, 
Art. 1, Sec. 5, Subd. 1. 
smaller number may adjourn, and compel at- 
wtemdance,.1, 5,1. 
quorum of House in case of election of Presi- 
dent, Am. 12. 
of Senate in case of election of Vice-President, 
Am. 12. 
two-thirds of Senate, on trial of impeachment, 1, 
asco 
MARITIME JURISDICTION—judicial power to ex- 
tend to, 3, 2, 1. 
MARQUE AND REPRISAL—Congress may grant 
letters of, 1, 8, 11. 
no State shall grant letters of, 1, 10, 1. 
MARYLAND—Representatives in first Congress, 1, 
Sas 
MASSACHUSETTS—Representatives in first Con- 
gress, 1, 2, 3. 
MBASURES—Congress shall fix standard of, 1, 8, 5. 
MEETING OF CONGRESS—at least once a year, 1, 
cate 
MEMBERS OF CONGRESS—and of State legisla- 
tures to be bound by oath, 6, 3. 
MILITIA—Congress shall provide for calling forth, 
. Tees 15. 
shall provide for organizing, arming, and. dis- 
ciplining, 1, 8, 16. 
shall provide for governing, 1, 8, 16. 
to execute laws, suppress insurrections, and repel 
invasions, 1, 8, 16. 
appointment of officers and training reserved to 
States, 1, 8, 16. 
discipline to be preserved by Congress, 1, 8, 16. 
right of people to bear arms not to be infringed, 
Am. 2. 
MISDEMEANORS—impeachment and removal for, 


MONEY—Congress may borrow on credit of United 

States, 1, 8, 2. 

shall have power to coin, 1, 8, 5. 

to be drawn from treasury only in consequence 
of appropriations, 1, 9, 7. 

statement of receipts and expenditures to be 
published, 1, 9, 7. 

Constitution—46G 


542 INDEX TO U. S. CONSTITUTION. 


MONEY—no appropriation for armies to be for more 
than two years, Art. 1, Sec. 8, Subd. 12. 


NATIONS—power to regulate commerce with, 1, 8, 3. 
power to punish offenses against law of, 1, 8, 10. 
NATURALIZATION—Congress to establish uniform 
rule of, 1, 8, 4. 
citizens by, to be citizens of. United States and 
States where reside, Am. 14, 1. 
NAVAL FORCES—Congress shall make rules and 
regulations ‘for, 1, 8, 14. 
NAVY—Congress to provide and maintain, 1, 8, 13. 
NEW HAMPSHIRE—Representatives in first Cons 


gress, 1, 2, 3. 
NEW JERSEY—Representatives in first Congress, 1, 
2va. 


NEW STATHS—may be admitted by Congress, 4, 3, 1. 
not to be formed within jurisdiction of another 
without consent of Congress, 4, 3,1. © 
nor be formed by junction of two States without 
consent, 4, 3, 1 
NEW YORK—Representatives in first Congress, 1, 2, 
3 


NOBILITY—titles of not to be granted by United 
States, 1, 9, 8. 
no State to grant title of, 1, 10, 1. 
NORTH CAROLINA—Representatives in first ‘Con- 
gress, 1, 2, 3. 
NUMBER OF ELECTORS—for President and Vice- 
President, 2, 1, 2. ; 


OATH OF OFFICE OF PRESIDENT —form of; 2, 1, 
ue 
OATH OR AFIFIRMATION—warrants to be sup- 
ported by, Am. 4. 
to support the Constitution, 6, 3. 
religious test not to be required as a qualification 
for office, 6, 3. 
Senator on trial of impeachment to be on, 1, 3, 6. 
OBJECTIONS BY PRESIDENT—on return of Dill, 
Tico: 
OBLIGATION OF CONTRACTS—no state shall pass 
laws impairing, 1, 10, 1. 
OBLIGATIONS INCURRED IN AID OF REBEL- 
LION VOID—Am. 14, 4. 


INDEX TO U. S. CONSTITUTION. 543 


OFFENSES—against law of nations, Congress may 
provide punishment for, Art. 1, Sec. 8, Subd. 
10. 
President may grant reprieves or pardons, 2, 2, 1. 
no person to be put twice in jeopardy, Am. 5. 
OFFICE—who ineligible for member of Congress, 1, 


6, 2. 
Senator or Representative not eligible for other 
ottice, 1, 6, 2. 


if created during his term, 1, 6, 2. 
holder of net to accept present or emolument 
from foreign king, etc., 1, 9, 8. 
term of, of President and Vice-President, 2, 1, L 
of President, when to devolve on Vice-President, 
Byerly Ds 
who precluded from office of elector, 2, 1, 2. 
vacancy in, when may be filled by President, 
Pinte? 3. 
commissions to expire at end of next session, 2, 
2. 8. 
who ineligible as Senator, representative, or 
Presidential elector, Ain. 14, 3. 
OFFICERS—Congress may vest appointment of in- 
ferior officers where it thinks proper, 2, 2, 2. 
removal on impeachinent for certain crimes, 2, 4. 
of House of Representatives to be chosen by it- 
self,, 1,2, 5. 
Senate to choose its own, 1, 3, 5. 
OPINION OF OFKICERS—of Executive depart- 
ments, may be required by President, 2, 2, 1. 
ORDERS—tresolutions and vote to be presented to 
President, 1, 7, 3. 
ORIGINAL JURISDICTION—of Supreme Court, 3, 


ong 


PARDONS—President may grant except in cases of 
impeachment, 2, 2, 1. 

PATENT RIGHTS—Congress may pass laws secur- 
BS is Sir Cesc ds 

PENSIONS AND BOUNTIES—debts for not to be 
questioned, Am. 14, 4. 

PENNSYLVANIA—Representatives at first Con- 
gress, 1, 2, 3. 


544 INDEX TO U. S. CONSTITUTION. 


PEOPLE—Constitution formed by, Preamble. 
right of peaceable assemblage shall not be 
abridged, Am. 1. 
right to bear arms not to be infringed, Am. 2. 
to be secure in person and property from unrea- 
sonable seizures and search, Am. 4. 
enumeration of rights not to disparage others re- 
tained, Am. 9. 
powers not delegated to United States or pro- 
hibited to States are reserved, Am. 10. 
PETITION FOR REDRESS—tright not to be 
abridged, Am. 1. 
PIRACIEHS—Congress may define and punish, 1, 8, 10. 
PORTS-—preference not to be given by any regula- 
tion of commerce or revenue, 1, 9, 6. 
vessels clearing not to pay duties, 1, 9, 6. 
POST-OFFICES AND POST-ROADS—Congress shall 
establish, 1, 8, 7. 
POWERS—of Government department or officer, 
Congress may enforce by law, 1, 8, 18. 
of President, when to devolve on Vice-President, 
Jyh se 
not delegated to United States nor prohibited to 
States are reserved to people, Am. 10. 
enumeration of rights not to deny or disparage 
others retained, Am. 9. . 
PREFERENCE—not to be given to one port over 
another, 1, 9, 6. 
PRESENTMENT OR INDICTMENT—necessary to 
put party on trial, Am. 5. 
except in cases in land and naval forces and 
militia, Am. 5. 
PRESIDENT—Chief Justice to preside on impeach- 
ment of, 1, 3, 6. 
shall approve and sign all bills, 1, 7, 2. 
or return any bill with his objections, 1, 7, 2. 
if not returned within ten days to become a law, 
1 ty i 
proceedings of two Houses in case of a veto, 1, 
Tpke 
orders, resolutions, or votes, when to be pre- 
sented to, 1, 7, 3 
proceedings on return the same as on a Dill, 1, 
hts: 
executive power to be vested in, 2, iF # & 


INDEX TO U. S. CONSTITUTION. 545 


PRESIDENT—term of office four years, Art. 2, Sec. 


1, Subd. 1. 

Vice-President, when to perform duties of, 2, 1, 
5. 

when Congress may designate officer to act as, 
ma, S. 


compensation not to be increased or diminished 
during term of office, 2, 1, 6. 

to take oath of ‘office, 2, 1, 7. 

commander-in-chief ee army, navy, and militia, 
when called out, 2, 2, 1. 

may require opinion ot principal officer of depart- 
ments, 2, 2, 1. 

may grant reprieves or pardons, except in cases 
of impeachment, 2, 2, 1. 

may make treaties by and with consent of Sen- 
ate, 2, 2, 2. 

may appoint officers by and mite consent of 
Senate, 2, 2, 2. 

may fill vacancies that happen in recess of Sen- 
ate, 2, 2, 3. 

commissions to fill vacancies, when to expire, 2, 
Ze 2s 

to give information and recommend measures to 
Congress, 2, 3. 

when may convene both or eith>r House, 2, 3. 

when may adjourn Congress, 2, 3. 

shall receive ambassadors and public ministers, 


shall take care that laws be faithfully executed, 

shall commission all officers, 2, 3. 

shall be removed on conviction on impeachment, 
2, 4. 

who eligible for office of, 2, 1, 4. 

eligibility as to age and residence, 2, 1, 4. 

PRESIDENT AND VICH-PRESIDENT—manner of 

choosing, 2, 1, 2. 

who disqualified to be elector, 2, 1, 2. 

Congress may determine time of choosing elect- 
ork 2.01573. 

electors to meet and vote by ballot, Am. 12. 

one at least not to be an inhabitant of State, 
Am,-12, 


546 INDEX TO U. S. CONSTITUTION. 


PRESIDENT AND VICH-PRESIDENT —electors to 
name in distinct ballots persons voted for,’ 
Am. 12. 

distinct lists of votes to be made, Am. 12. 

to be signed, certified, and transmitted to Presi- 
dent of Senate, Am. 12. 

duty of President of Senate on receipt of returns, 
Am. 12. 

person having greatest number of votes to be, 
Am. 12. 

if he have a majority of electoral vote, ries 12: 

proceedings, if no person has a majority, Am. 12. 

in choosing President by the Legislature, each 
State to ‘have one vote, Am. 12. 

quorum for this purpose to be two- thirds of 
States, Am. 12. 

and a majority of States required to elect, Am. 
12s 

in case of no choice being made; Vice- President 
tor act? Ams: 

PRESIDENT OF SENATE—Vice-President shall be, 
1, 3,04. 

when Senate may choose pro tempore, 1, 3, 5. 
shall have no vote except on equal division, 1, 3, - 


4, 
duty on return of votes of Presidential electors, 
Am. 12. 


PRESS—freedom of not to be abridged, Am. 1. ° 
PRIVATE PROPERTY—not to be taken for public 
use without compensation, Am. 5. 
PRIVILEGE—of members of Congress from arrest, 
except, 1, 6, 1. 
members not to be questioned for speech or de- 
DATE Oe Le 
PRIVILEGES AND IMMUNITIES—of citizens of 
States, 4, 2, 1. 
soldiers not to be quartered without consent of 
owner, Am. 3. 
persons not to be put twice in jeopardy for same 
oifense, Am. 5. 
citizens of United States are citizens of State 
where they reside, Am. 14, 1. 
not to be abridged by State laws, Am. 14, 1. 
State not to deprive of life, ete., without due 
process of law, Am. 14, 1. 


INDEX TO U. 8S. CONSTITUTION. 54T 


PRIVILEGES AND IMMUNITIES—nor deny to any 
person equal protection of the laws, Am. 14, Sec. 1. 
PRIZES—Congress may make rules concerning, 
aes, LL. 
PROCESS OF LAW—person not to be deprived of 
life, etc., without, Am. 5. 
provision made applicable to States, Am. 14, 1. 
. for obtaining witnesses, rights of accused, Am. 6. 
PROGRESS OF SCIENCE AND ART—Congress to 
have power to promote, 1, 8, 8. 
PROPERTY OF UNITED STATES—Congress may 
dispose of and make rules and regulations for, 
4, 3, 2. 
PROSECUTIONS—accused to have speedy and pub- 
lic trial, Am. 6. 
to be tried by jury in State or district where 
crime was committed, Am. 6. 
to be informed of nature and cause of accusation, 
Am. 6. 
to be confronted with witnesses, Am. 6. 
to have compulsory process for witnesses, Am. 6. 
to have counsel for his defense, Am. 6 
PUBLIC DEBT—of United States not to be ques- 
tioned, Am. 14, 1. 
PUBLIC USE—property not to be taken for without 
just compensation, Am. 5. 
PUNISHMENT—judgment on impeachment not to 
Darvtriab;etes (15.38). 
cruel and uuusual prohibited, Am. 8. 


QUALIFICATION FOR OFFICE—no religious test 
shall be required as, 6, 3. 
of electors and members of House of Representa- 
tives, 1, 2, 1. 
of members of House as to age and inhabitancy, 
yay: oe 
of Senators as to age and inhabitancy, 1, 3, 3. 
each House to judge of, 1, 5, 1. 
of President of United States, 2, 1, 4. 
as to age and residency, 2, 1, 4. 
of Vice-President, Am. 12. 
QUORUM—a majority of each House constitutes, 1, 
Dike 
a less number may adjourn and compel attend- 
ance, 1, 5, 1. 
in case of choice of President, Am. 12. 


548 INDEX TO U. S. CONSTITUTION. : 


QUORUM—to elect Vice-President by Senate, Am. 
12; 
majority of whole number necessary for choice, 
Lill eke 


RACE OR COLOR—rights of citizens not to be de- 
nied on account of, Am. 15, 1. 
RATIFICATION. OF AMENDMHBENTS—what re- 
quired, 5. 
of Constitution, what sufficient, 7. 
RATIO OF REPRESENTATION—1, 2, 3. 
how apportioned among the several States, Am. 
14, 2. 
Indians not taxed excluded from count, Am. 14, 
when reduced, denial of right to vote, Am. 14, 2 
REBELLION—certain participants disabled from 
holding office, Am. 14, 3. 
Congress may remove disability, Am. 14, 3. 
debts incurred to suppress not to be questioned, 
Am. 14, 4. 
debts incurred in aid of illegal and void, Am. 14, 
4. } 
exception as to suspension of writ of habeas 
corpus, 1, 9, 2 
RECEIPTS AND EXPENDITURES—of public 
moneys to be published, 1, 9, 7. 
RECESS OF SEHENATH— President may commission 
to fill vacancies in office, 2, 2, 3. 
RECONSIDERATION OF BILL RETURNED BY 
PRESIDENT—1, 7, 2. 
RECORDS—of State, full faith and credit to be 
given to, 4, 1. 
Congress shall prescribe manner of proving, 4, 1. 
REDRESS OF GRIEVANCES—tright to petition for 
cannot be abridged, Am. 1. 
REGULATIONS—for election of Senators and Repre- 
sentatives, 1, 4, 1. 
RELIGION—Congress can make no law as to estab- 
lishment of, Am. 1. 
RELIGIOUS TESTS—shall never be required as 
qualification for office, 6, 3. 
REMOVAL FROM OFFICE—on impeachment, 2, 1, 
6. 


INDEX TO U. 8. CONSTITUTION. 549 


REMOVAL FROM OFFICE—of commerce and 
revenue, Art. 1, Sec. 9, Subd. 6. 
respecting territory ceded to United States, 4, 3, 
2 


REPRESENTATION AND DIRECT TAXATION— 

how apportioned, 1, 2, 3. 

changed by amendment, Am. 14, 2. 

until first enumeration, ratio of, 1, 2, 3. 

‘State executive to issue writs of election to fill 
vacancies, 1, 2, 4. 

no State to be deprived of equal in Senate, with- 
out consent, 5. 

among several States, according to aU) 
Am. 14, 2. 

excluding Indians not taxed, Am. 14, 2 

basis reduced on denial of right to vote, Am. 14, 
2 


REPRESENTATIVES—House of, a branch of Con- 

gress, 1, 1. 

qualifications of electors of members, 1, 2, 1. 

as to age and inhabitancy, 1, 2, 2. 

how apportioned among States, 1, 2, 3. 

changed by amendment, Am. 14, 2. 

shali choose Speaker and other officers, 1, 2, 5. 

shall have sole power of impeachment, 1, 2, 5. 

State executive to issue writs of election to fill 
vacancies, 1, 2, 4. 

legislatures to prescribe times, places, and man- 
ner of elections, 1, 4, 1. 

Congress may alter regulations, except as to 
places, 1, 4, 1. 

compensation of Senators to be ascertained by 
faxyiely. 6,71. 

shall be privileged from arrest except, 1, 6, 1. 

shall not be questioned for speech or debate, 1, 


ek. 
shali be ineligible for office created during their 
term, 1, 6, 2. 


who ineligible to office of, 1, 6, 2. 

bills for raising revenue to originate in House, 
ord, Ls 

ineligible to office of Presidential elector, 2, 1, 2. 

shall be bound by oath to support Constitution, 
6, Ss 


550 INDEX TO U. S. CONSTITUTION. 


REPRHESENTATIVES—provisions relative to appor- 
tionment of, Am. 14, See. 2. 
disability from participation in rebellion, Am. 14, 
3. 
may be removed by Congress, Am.’ 14, 3. 
REPRIEVES—President may grant, except, 2, 2, 1. 
REPRISAL—Congress may grant letters of, 1, 8, 11. 
no State shall grant, 1,,10, 1. = 
REPUBLICAN FORM OF GOVERNMENT —guaran- 
teed to States, 4, 4. 
RESERVED RIGHTS—enumeration of rights not to 
deny or disparage others retained, Am. 9. 
powers not delegated to United States nor pro- 
hibited to States are reserved, Am. 10. 
RESIGNATION OF PRESIDENT —Vice-President to 
act, 2) 1000: 
Congress may provide for case of, 2, 1, 5. 
RESOLUTION—concurrent, to be presented to Presi- 
dent, 1, 7, 3. 
REVENUE BILLS—to originate in House, LAT pals 
preference not to be given to. ports, 1, 9, 6. 
RHODE ISLAND—Representative in first Congress, 
Veto eane 
RIGHT OF PHTITION—not to be abridged, Am. 1. 
RIGHT TO BEAR ARMS—not to be infringed, Am. 
2. 
RIGHTS ENUMERATED—not to deny or disparage 
others retained, Am. 9. 
not delegated to United States or prohibited to 
States are reserved, Am. 10. 
RULES—of proceedings, each House may determine, 
es, be 
and regulations respecting territory and property 
of United States, 4, 3, 2. 
of the common law, trials by jury, Am. 7. 
re-examination of facts by, Am. 7. 


SCIENCE AND ART—Congress may promote prog- 
ress of, 1, 8, 8. 
SEARCHES AND SEIZURES—security of people 
against, Am. 4. 
warrants, what essential to, Am. 4. 
SEAT OF GOVERNMENT —exclusive legislation of 
Congress over, 1, 8, 17. 


INDEX TO U. S. CONSTITUTION. 5d1 


SECURITIES—punishment for counterfeiting, Art. 1, 
Sec. 8, Subd. 6. 
SENATE AND HOUSE OF REPRESENTATIVES— 
components of Congress, 1, 1. 
_SENATE—composed of two Senators from each 
State, 1, 3, 1. 
chosen by Legislatures for six years, 1, 3, 1. 
State Executive may fill vacancies, 1, 3, 2. 
Vice-President to be President of, 1, 3, 4. 
to choose officers and President pro tempore, 1, 
3, 5. 
to have sole power to try impeachments, 1, 3, 6. 
on such trial to be on oath or affirmation, 1, 3, 6. 
Chief Justice to preside on trial of President, 1, 
-0, 6. 
concurrence of two-thirds required for convic- 
Pict, .t,3,: 6. 
shall be judge of returns and qualifications of its 
members, 1, 5, 1. 
majority to constitute a quorum, 1, 5, 1. 
smaller number may adjourn and compel attend- 
mice. 1; oO, 1, 
may determine rules of its proceedings, 1, 5, 2. 
may punish or expel a member, 1, 5, 2. 
to keep journal of its proceedings, 1, 5, 3. 
to publish the same, except, 1, 5, 38. 
restriction on power to adjourn, 1, 5, 4. 
may propose amendments to revenue bills, 1, 7, 1. 
shall advise and consent to ratification of trea- 
eles ye 2 Z| 2: 
shail advise and consent to appointment of am- 
bassadors, ete, 2, 2, 2. 
and Judges of Supreme Court and other officers, 
pe, ee 
when may be convened by President, 2, 3, 1. 
no State without its consent to be deprived of 
its equal suffrage in, 5. 

SENATORS—to be divided into three classes, 1, 3, 2. 
seats of classes, when vacated, 1, 3, 2. 
qualification as to age and inhabitancy, 1, 3, 3. 
times, places, and manner of choosing, how 

fixed, 1, 4, 1. 
Congress may alter except as to places, 1, 4, 1. 
executive, when may fill vacancies, 1, 3, 2. 
appointees’ tenure of office, 1, 3, 2. 


hod INDEX TO U. S. CONSTITUTION. 


SENATORS—to be privileged from arrest, except, 
Art. 1, Sec. 6, Subd. 1. 
compensation to be ascertained by law, 1, 6, 1. 
shall not be questioned for speech or debate, 1, 
foe & 
ineligible to offices created during term of ser- 
vice, 1, 6,2. 
who ineligible to office of, 1, 6, 2. 
ineligible to office of presidential elector, 2, 1, 2. 
shall be bound by oath to Supp Ret the Constitu- 
tion, 6, 3. 
certain persons disqualified, ans 14, 3. 
Congress may remove disability, Am. 14, 3. 
SERVICE OR LABOR—delivery up of fugitives 
from, 4-223: 
SERVITUDE—involuntary, except for crime, abol- 
isheds, “Ameslowi. 
rights of citizens not to be abridged on account 
of prior condition of, Am. 15, 1. 
SHIPS OF WAR—NStates shall not keep, 1, 10, 3. 
SLAVE—claim for loss or emancipation of, void, Am. 
14, 4. 
SLAVHPRY—abolished, Am. 18, 1. 
SOLDIERS—not to be quartered in any house with- 
out consent of owner, Am. 3. 
SOUTH CAROLINA—Representatives in first Con- 
gress, 1, 2,3 
SPEAIKHR—House to choose Speaker and other 
officers, 1, 2,5. 
SPEECH—Congress not to abridge freedom of, Am. 
ie 
STANDARD OF WHIGHTS AND MEASURES— 
Congress shall fix, 1, 8, 5 
STATES—executives shall issue writs of election be 
fill vacancies in House, 1, 2, 4. 
commerce among to be regulated by Congress, 1, 
Bela: 
shall not enter into treaties, alliance, or confed- 
eration, 1, 10, 1. 
shal) not grant letters of marque or reprisal, 1, 
LON 
shall not coin money, 1, 10, 1. 
shall not emit bills of credit, 1, 10, 1. 
restriction as to making a legal tender, 1, 10, 1. 


INDEX TO U. S. CONSTITUTION. 508 


~§STATEHS—shall not pass bills of attainder, Art. 1, 
Sec. 10, Subd. 1. 
or ex post facto law, 1, 10, 1. 
or law impairing obligation of contracts, 1, 10, 1. 
shall not grant any title of nobility, 1, 10, 1. 
shall not, without consent of Congress, lay duties 
on imports or exports, 1, 10, 2. 
except where absolutely necessary, 1, 10, 2. 
nor lay any duty on tonnage, 1, 10, 3. 
nor keep troops or ships of war in time of 
» peace, 1, 10, 3. 
nor enter into compact or agreement with other 
state, 1, 10, 3. 
nor levy war unless actually invaded, 1, 10, 3. 
or in imminent danger, 1, 10, 3. 
full faith and credit to be given to acts, records, 
ete., of, 4, 1. 
citizens entitled to privileges and immunities in 
common, 4, 2, 1. 
new States may be admitted, 4, 3, 1. 
but cannot be formed within jurisdiction of an- 
other, +4, 3, 1. 
nor by junction of States or parts of States with- 
out consent, 4, 3, 1. 
nor without its consent can a State be deprived 
of its equal suffrage in Senate, 5. 
three-fourths of may ratify amendments, 5. 
republican Government guaranteed to, 4, 4. 
to be protected from invasion, 4, 4. 
and on their application against domestic vio- 
lence, 4, 4. 
ratification Constitution, 7 
powers not delegated to United States nor pro- 
hibited to States are reserved, Am. 10. 
SUPREME COURT —judicial power vested in, 3, 1. 
judges to hold office during good behavior, 3, 1. 
compensation of judges not to be diminished 
during term, 8, 1. 
original jurisdiction in certain cases, 3, 2, 2. 
appellate jurisdiction, regulations of Congress, 
ern) 
SUPREME LAW—Constitution, laws, and treaties 
to be, 6, 2. 
judges in every State bound by, 6, 2. 
Constitution—47 


554 INDEX TO U. S. CONSTITUTION. 


SUPPRESSION OF INSURRECTION—Congress to 
provide for, Art. 1, Sec. 8, Subd. 15. 
debt incurred for not to be question, Am, 14, 4. 


TAXES—how apportioned among the States; 1, 2, 3. 

capitation or direct to be in proportion to cen- 
sus, 1, 9,4. 

not to be laid on articles exported, 1, 9, 5. 

Congress shall have power to levy and collect, 
i eee 

to be uniform throughout the United States, 1, 8, 
Ly 


TEMPORARY APPOINTMENT—may be made in 
vacancies in Senate, 1, 3, 2. 
TENDER IN PAYMENT —trestriction on power of 
Stute,; Ty 0, “1: 
TERM OF OFTFICH—of President and Vice-Presi- 
Gent. 2. ss 
of Representatives, 1, 2, 1. 
of Senators, 1, 3, 1. 
TERRITORY—Congress to dispose of and make 
rules for, 4, 3, 2. 
TESTIMONY—necessary to conviction for treason, 
Sone 
TIMES, PLACES, AND MANNER—of elections to 
Congress, 1, 4, 1. : ry 
Congress may alter regulations, except, 1, 4, 1. 
TITLE OF NOBILITY—United States shall not 
grant, 1, 9, 8. 
no State shall grant, 1, 10, 1. 
United States official not to accept from’ any 
king, étc., 1, 9, 8. 
TONNAGE—trestriction on State as to duty of, 1, 10, 
3. 


TRANQUILITY—purpose of Constitution to insure, 
Preamble. 
TREASON—in what consists, 3, 3, 1. 
testimony necessary to convict of, 3, 3, 1. | 
Congress to declare punishment for, 3, 3, 2. 
attainder of not to work corruption of blood, 38, 
Bee 
shall not work forfeiture except during life, 3, 8, 
ae ae 
removal from office on conviction of, 2, 4, 1. 
privilege from arrest not to extend to cases of, 
1:60: ee 


INDEX TO U. S. CONSTITUTION. 555 


TREASURY—money drawn from only in conse- 
_ quence of appropriation, Art. 1, Sec. 9, Subd. 7. 
- accounts of receipts and expenditures to be pub- 
lished, 1, 9, 7. 
TREATIES—President, with concurrence of Senate, 
may make, 2, 2, 2. 
judicial power to extend to cases under, 3, 2, 1. 
to be-supreme law binding on all judges, 6, 2. 
TREATY—no State shall enter into, 1, 10, 1. 
TRIAL—and ee after conviction on impeach- 
ment, 1, 3, 
TRIAL BY JURY—ot all crimes except cases of im- 
peachment, 8, 2, 3. 
to be held in State where crime was committed, 
vie oe 
when not committed within a State, to be where 
Congress directs, 3, 2, 3. 
of accused to be speedy and public, Am. 6. 
in suits at common law, Am. 7. 
TRIBUNALS—inferior to Supreme Court, Congress 
may establish, 1, 8, 9. ; 
TROOPS—NState shall not keep in time of peace, 1, 
£0,313. 
TWO-THIRDS—of Senate to concur in conviction on 
impeachment, 1, 3, 6. : 
of each house may expel a member, 1, 5, 2. 
may pass a bill over President’s veto, 1, 7, 2. 
concurrence required to make treaty, 2, 2, 2. 
of States, for call of convention to propose 
amendments, 5. 
of both Houses may propose amendments, 5. 
of States represented, required for choice of 
President by House, Am. 12. 
of Senators required for election of Vice-Presi- 
dent, Am. 12. 
of Congress may remove disability to office, Am. 
14, 


UNION—purpose of Constitution to establish more 
perfect, Preamble. 
state of, to be given to Congress by President, 2, 
Porag 
new States may be admitted into, 4, 3, 1. 
restrictions as to formation of new States, 4, 3, 1. 
UNREASONABLE SEARCHES AND SEIZURES— 
prohibited, Am. 4. 


556 INDEX TO U. S. CONSTITUTION. 


UNUSUAL PUNISHMENTS—not to be inflicted, Am. 
8 . 


USEFUL ARTS—Congress to promote progress of, 1, 
8, 8. 


VACANCY—in representation, Executive to ‘issue 
writs of election to fill, 1, 2, 4. 
in Senate, how filled, 1, 3, 2. 
during recess of Senate to be filled by commis- 
SiGt hc, ceca: . 
VALIDITY OF PUBLIC DEBT—not to be ques- 
tioned, Am. 14, 4. 
VESSELS—from port of one State not to be obliged 
to pay duties in another, 1, 9, 6. 
VETO—of bill by President, proceedings of Congress 
OD ie 
VICH-PRESIDIENT—to be President of Senate, ‘iso, 
4. 
to have no.vote except on equal division, 1, 3, 4. 
Senate may choose President pro tempore, 1, 3, 5. 
to be chosen for four years, 2, 1, 1. 
number of electors and manner of appointing, 2, 
ves 
duties of President, when to devolve on, 2, 1, 5. 
Congress may provide by law for appointment of 
in certain cases, 2, 1, 5: 
removal from office by impeachment, 2, 4. 
manner of choosing, by electors, Am. 12. 
to be named by electors in distinct ballots, A. 
12. 
distinct lists to be signed, certified, and sent to 
President of Senate, Am. 12. 
count of votes by President of Senate, Am. 12. 
person having greatest number of votes to be, 
Am. 12. 
if no person have majority, Senate to choose, Am. 
1. 
quorum for such purpose to be two-thirds,. Am. 
12, 
majority of whole number necessary to a choice, 
Am. 12. 
when to act as President, Am. 12. 
eligibility to office of, Am. 12. 
VIRGINIA—representation in first Congress, 1, 2, 3. 
VOTE— each Senator shall have one, 1, 3, 1. 


INDEX TO U. S. CONSTITUTION. 557 


VOTE —Vice-President not to have, except on equal 

division, Art. 1, Sec. 3, Subd. 4. 

requiring concurrence of two Houses to be pre- 
sented to President, 1, 7, 3. 

right to, not to be abridged by reason of race, 
eolor, etc:, Am. 15, 1. 

each House may expel a member by two-thirds, 
eee 

bill vetoed may be passed by a two-thirds, 1, 7, 2. 

of two-thirds required for conviction on impeach- 
ment, 1, 3, 6. 

two-thirds of Congress necessary to propose 
amendments, 5. 

consent of two-thirds Senate necessary to make 
freacy, 2, 2. 2. 

two-thirds necessary to remove disability for 
office, Am. 14, 3. 


WAR—power of Congress to declare, 1, 8, 11. 
power to make rules and articles of, 1, 8, 14. . 
no State, without consent of Congress, to engage 

ie 10,3. 
treason consists in levying, 3, 3, 1. 

WARRAN'TS—to issue only on probable cause, Am. 4. 
on oath or affirmation, Am. 4. 

WEIGHTS AND MEASURES—Congress to fix 

standard of, 1, 8, 5. 
WEILEFARE—purpose of Constitution to secure, Pre- 
amble. 
Congress shall have power to provide for, 1, 8, 1. 
WITNESSES—no person to be compelled to testify 
against himself, Am. 5. 
accused to be confronted by, Am. 6. 
accused to have compulsory process for, Am. 6. 
testimony necessary for conviction for treason, 
ie, sh 
WRITS—of election to fill vacancies.in representa- 
HO, 11, 2, 4. 
WRITTEN OPINION—of heads of departments, 
President may require, 2, 2, 1. 


YEAS AND NAYS—at desire of one-fifth to be en- 
tered on journals, 1, 5, 3. 
passage over veto to be determined by, 1, 7, 2. 


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INDEX 


TO THE 


Constitution of California, 1879. 


[References are to articles, sections, and pages, re- 
spectively. ] 


ABANDONED CHILDREN-—state may provide for, 
Art. 4, Sec. 22, p. 88. 
ABSENCEH—of governor, duties devolve on lieuten- 
ant-governor, 5, 16, p. 182. 
of chief justice, selection pro tempore, 6, 2, p. 189. 
of judge from state, 6, 3, p. 1438. 
of judicial officer when a forfeiture of office, 6, 9, 
p. 174. . 
of citizen on public business not to affect resi- 
dence, 20, 12, p. 349. 
ACCOUNT —of receipts and expenditures to be pub- 
lished, 4, 22, p. 88. 
ACCOUNTABILITY—of municipal officers, 11, 5, p. 
213. 
ACCUSED-—rights of, 1, 18, p. 17. 
ACQUISITION OF PROPERTY-—rights of aliens, 1, 
17, p. 48. 
ACT OF LEGISLATURE—to embrace but one sub- 
ject, 4, 24, p. 92. 
ACTION—corporations may sue and be sued, 12, 4, 
p. 297. 
where may be sued, 12, 14, p. 284. 
(559) 


560 INDEX TO CONSTITUTION OF 1879. 


ACTIONS—limitation of, special legislation prohib- 
ited, Art. 4, Sec. 25, p. 99. 
real where to be commenced, 6, 5, p. 154. 
against transportation companies for excessive 
charges, 12, 22, p. 289. 
unaffected by adoption of constitution, 22, 2, p. 
361. 
ADJOURNMENT OF LEGISLATURE—for want of 
quorum, 4, 8, p. 78. 
restriction on right of, 4, 14, p. 81. 
loss of per diem by, 4, 14, p. 81. 
effect of on passage of bills, 4, 16, p. 82. 
power of governor on disagreement, 5, 11, p. 130. 
ADJUSTMENT OF POPULATION—in legislative 
districts, 4, 6, p. 75. 
ADMISSION TO UNIVERSITY-—2%, 9, p. 199. 
ADOPTION OF OE cual legislation pro- 
hibited, 4, 25, p. 99. 
APFIDAVIT—required of justice or judge on draw- 
ing salary, 6, 24, p. 187. 
to sustain issue of warrants, 1, 19, p. 50. 
AFFIRMATION—See Oath. 
AGED PERSONS—state may provide for support of, 
Ae fees. 
AGENT—when not to receive extra compensation, 4, 
Cee Dae Le. 
of transportation company, restrictions as to in- 
terests, 12, 18, p. 287: 
AGREEMENT FOR EXTRA COMPENSATION—to 
. public officials, void, 4, 32, p. 119. 
AGRICULTURAL COLLEGE —provisions regarding, 
9, 9, p. 199. 
AGRICULTURAL SOCIETY—how to elect officers, 
zy ee ee: 
AID FROM PUBLIC FUNDS—to private institutions 
prohibited, 4, 22, p. 88. 
to religious sects prohibited, 4, 30, p. 116. 
ALAMEDA—two superior court judges to be elected, 
6,163. Dee tt U. 
salary of judge of superior court, 6, 17, p. 182. 
ALIENATION OF FRANCHISE—not to relieve from 
liability, 12, 10, p. 282. 


INDEX TO CONSTITUTION OF 1879. 561 


ALIENS DETRIMENTAL TO STATE —protection 
from, Art. 19, Sec. 1, p. 340. 
foreigners ineligible to citizenship declared dan- 
gerous, 19, 4, p. 342. 
their immigration to be discouraged, 19, 4, p. 342. 
provision for their removal, 19, 4, p. 342. 
AMENDATORY ACTS—title to, 4, 24, p. 92. 
AMENDMENTS TO BILLS—how made, 4, 15, p. 81. 
to be printed, 4, 15, p. 81. 
-to laws, how enacted, 4, 24, p. 92. 
to city charter, how made, 11, 8, p. 227. 
AMENDMENT TO CONSTITUTION—may be pro- 
posed in either house, 18, 1, p. 337. 
two-thirds vote required, 18, 1, p. 3387. 
to be submitted to vote of people, 18, 1, p. 337. 
several, to be voted on separately, 18, 1, p. 337. 
if ratified by majority, part of constitution, 18, 
ah. oa ts 
AMERICAN UNION—state part of, 1, 3, p. 5. — 
APPELLATH JURISDICTION—of supreme court, 6, 
4, p. 144. 
of superior court, 6, 5, p. 154. 
APPOINTMENT AND REMOVAL—of board of 
prison directors, 10, 1, p. 204. 
of warden and clerk, 10, 3, p. 205. 
of subordinate officers and employees, 10, 3, p. 


205. 
of inspection officers, by municipal corporations, 
11, 14, p. 258. 
to be according to legislative direction, 20, 4, p. 
346. 
APPORTIONMENT—of members of legislature, 4, 6, 
p. 75. 


of business of superior courts, 6, 7, p. 173. 
of railroad values on assessment, 13, 10, p. 318. 
APPROPRIATION BILL—governor may veto separ- 
ate items of, 4, 16, p. 82. 
duty of governor as to, 4, 16, p. 82. 
what bill to contain, 4, 29, p. 115. 
what prohibited, 4, 30, p. 116. 
for specific purpose to contain but one item, 4, 
Spe iol: 
APPROPRIATION—of water, 14, 1, p. 321. 


562 INDEX TO CONSTITUTION OF 1879. 


APPROPRIATIONS—to eleemosynary institutions, 
pro rata to counties, cities, and towns, ae 4, 
See. 22, p. 88. 
for private corporations and institutions, 4, 22, p. 
88 


restriction on powers of legislature, 4, 22, p. 88. 
for support of orphans, ete., 4, 22, p. 88. 
by legislature and local governments, restriction 
on, 4, 30, p. 116. 
ARCHIVES—all laws, official writings, and procéed- 
ings to be preserved, 4, 24, p. 92. 
ARMY--standing not to be kept, 1, 12, p. 17. 
ARREST—menmbers of legislature privileged from, 4, 
11, p. 80. 
privilege of electors from, 2, 2, p. 57. 
ARTIFICIAL LIGHT-—right of cities to regulate 
charges, 11, 19, p. 265. 
ARTISANS—secured by lien on property, 20, 15, p 


349. 
legislation to provide for enforcement of, 20, 15, 
D. 349. 
ASIATIC COOLIEISM—a form of slavery, 19, 4, p. 
342. 


forever prohibited, 19, 4, p. 349, 
ASSEMBLAGES OF PEOPLE—guaranty as to, 1, 
LOS Deon 
ASSEMBLY—legislative power vested in, 4, 2, p. 73. 
members, when and how chosen, 4, 3, p. 73. 
term of office, 4, 6, p. 75. 
number of members, 4, 5, p. 74. 
districts to be formed, 4, 6, p. 75 
vacancies, how filled, 4, 12, p. 80. 
to have sole power of impeachment, 4, 17, p. 84. 
compensation of, 4, 23, p. 91. 
attachment of district to form congressional dis- 
trict, 4, 27, p. 114. 
district not to be divided, 4, 27, p. 114. 
ASSEMBLY DISTRICTS—organization of, 4, 6, p. 75. 
each to choose one member, 4, 6, p. 75. 
to be numbered from one to eighty, 4, 6, p. 75. 
ASSESSMENT —appellate jurisdiction of supreme 
court, 6, 4. p. 144. 
original jurisdiction of superior courts, 6, 5, p- 
154. 


INDEX TO CONSTITUTION. OF 1879. 563 


ASSESSMENT--under township organization, Art. 
11, Sec. 4, p. 211. 
of municipal taxes, 11, 12, p. 252. 
for street improvements, 11, 19, p. 265. 
to be in proportion to benefits, 11, 19, p. 265. 
of lands for taxes, 13, 2, p. 308. 
of lands sectionized and not sectionized, 13, o.. Di 


308. 
mortgages, deeds of trust, ete., deemed property, 
13, 4, p. 308. 


of securities, how made, 18, 4, p. 308. 
of railroads, 13, 4, p. 308. 
equalization of, 18, 9, p. 318. 
property, where and how assessed, 13, 10, p. 318. 
of railroad franchises, 13, 10, p. 318. 
apportionment of railroad values, 13, 10, p. 318. 
securities, to whom assessed, 13, 4, p. 308, 
where to be made, 18, 10, p. 318. 
of taxes to be under general laws, 4, 25, p. 99. 
for income tax, 13, 11, p. 320. 
See Taxation. 
ASSETS-—of corporations to be entered on books, 12, 
14, p. 284. « 
ASSIGNMENT OF JUSTICES—to departments. of 
supreme court, 6, 2, p. 139. 
ASSOCIATE JUSTICES—subject to impeachment, 4, 
18, p. 85. 
to be assigned to departments of supreme court, 
Grocu Dado. 
competent to sit in either, 6, 2, p. 139. 
may freely interchange, 6, 2, p. 139. 
three necessary to transact business, 6, 2, p. 1389. 
may act in chambers, 6, 2, p. 139. 
four may order hearing in bank, 6, 2, p. 139. 
when concurrence of four necessary to judgment, 
Cee A ORE eB 
to select one to preside, 6, 2, p. 1389. 
when to select chief justice pro tempore, 6, 2, p. 
139. 
_time and place of election, 6, 3, p. 1438. 
term of office, 6, 3, p. 143. 
-. those first elected to classify themselves, 6, 3, p. 
143. 


564 INDEX TO CONSTITUTION OF 1879. 


ASSOCIATE JUSTICES—two to be elected every 
four years, Art. 6, Sec. 3, p. 143. 
appointment by governor in case of vacancy, 6, 
, p. 148. 
ee ee appropriations if not under state 
' e¢ontrol, 4, 22, p. 88. 
cannot acquire rights, ete., by special legislation, 
4, 25, p. 99. 
included in term “‘corporations,’’ 12, 4, p. 279. 
where may be sued, 12, 16, p. 285. 
subject to assessment for income tax, 138, 11, p. 
320. 
ASYLUMS—not under state control, not entitled to 
appropriations, 4, 22, p. 88. 
ATTACHES OF LEGISLATURE—compensation of, 
4, 23, p. 91. 
ATTAINDER, BILLS OF—prohibited, 1, 16, p. 41. 
ATTORNEY GENERAL—subject to impeachment, 4, 
18,4p. 85. 
mode and time of election, 5, 17, p. 133. 
term of office, 5, 17, p.,133. 
duties of office, 5, 17, p. 1388. 
compensation of, 5, 19, p. 134. 
AYES AND NOES—on urgency for passage of bill, 
4, 15, p. 81. 
to be taken on each bill separately, 4, 15, p. 81. 
when to be entered on journal, 4, 10, p. 79." 
on removal of justices or judges, to be entered 
on journal, 6, 10, p. 175. 
* on proposed amendment to constitution, 18, 1, p. 
337. 
and to be entered on journal, 18, 1, p. 337. 


BAIL—allowed on sufficient sureties, 1, 6, p. 7. 
except in capital offenses, etc., 1, 6, p. 7. 
excessive not to be required, 1, 6, p. 7. 

BALLOTS—all elections to be by ballot, 2, 5, p. 60. 
for election of new constitution to be distributed, 

22, 5, p.. 3638. 
BANKING—+trestriction on power of legislature, 12, 5, 
p. 280. 
corporations may be formed under general laws, 
12, 5, p. 280. 
only lawful money of United States to be circu- 
lated, 12, 5, p. 280. 


INDEX TO CONSTITUTION OF 1879. 565 


BASIS—of representation, Art. 4, Sec. 6, p. 75. 
BIENNIAL—sessions of legislature, 4, 2, p. 73. 
BILLS—limitation of time for introduction of, 4, 2, p. 
73. 
how to be put on their passage, 4, 15, p. 81. 
when passed to be submitted to governor, 4, 16, 
p. 82. 
power of governor to sign or disapprove, 4, 16, 
p. 82. 
when to become a law, 4, 16, p. 82. 
passage over veto, 4, 16, p. 82. 
making appropriation to contain but one item, 4, 
34, p. 121. 
BILLS OF ATTAINDER—prohibited, 1, 16, p. 41. 
BOARD OF CANVASSERS—on new constitution, 
duty of, 22, 8, p. 365. 
BOARD OF EDUCATION—to adopt text-books, 9, 7, 
p. 196. 
to control examination of teachers, 9, 7, p. 196. 
and grant teachers’ certificates, 9, 7, p. 196. 
restriction as to power to incur debt, 11, 18, p. 
: 259. 
BOARD OF EQUALIZATION—to be elected, 138, 9, 
p. 318. 
term of office and duties of, 13, 9, p: 313. 
controller, a member ex officio, 18, 9, p. 318. 
authority of board, 13, 9, p. 313. 
supervisors to constitute county boards, 13, 9, p. 
Bes 
BOARD OF FREEHOLDERS—election and qualifi- 
eation of, 11, 8, p.. 227. 
duties of, 11, 8, p. 227. 
to prepare charter, 11, 8, p. 227. 
BOARD OF SUPERVISORS—when to adopt text- 
books, 9, 7. p. 196. 
duty and authority as to teachers, 9, 7, p. 196. 
election and appointment of, 11, 5, p. 213. 
eertain cities to have two boards, 11, 7, p. 225. 
election, term, and classification of, 11, 7, p. 225. 
to be a board of equalization, 138, 9, p. 3138. 
to fix water rates, 14, 1, p. 321. 
BONDS—taxable, 18, 1, p. 294. 
Constitution—48 


566 INDEX TO CONSTITUTION OF 1879. 


BONDS OF CORPORATIONS—not to be issued ex- 
cept for money, labor, or property, Art. 12, Sec. 
AT;¢p, 282. 

when may be increased, 12, 11, p. 282. 

BOOKS OF RECORD—to be kept by corporations, 

12, 14, p. 284. 

what to be entered on, 12, 14, p. 284. 

railroad commissioners to prescribe form for ac- 
counts, 122522, oe, . 

BOUNDARY OF STATE —21, 1, p. 355. 

BREACH OF THE PEACE—no privilege from ar- 
rest, 4, 11, p. 80. 

BRIBERY—conviction for disfranchises, 20, 11, p. 
348. 

a disqualification for office, 20, 11, p. 348. 
compulsory testimony in cases of, 4, 35, p. 122. 
BRIDGES—special legislation prohibited, 4, 25, p. 99. 
BUSINESS—sex not a disqualification, 20, 18, p. 352. 

right to conduct, p. 4. 

BUTTE COUNTY-—salary of judge of superior court, 

6.17, palS2: 


CALIFORNIA SCHOOL OF MECHANICAL ARTS— 
property of exempt from taxation, 9, 11, p. 202. 
CANAL COMPANIES—are common carriers, 12, 17, - 
p. 286. 
officers of not to be interested in certain con- 
tracts;127) 1S; pF 28s 
CAPITAL OFFENSES—when not bailable, 1, 6, p. 7. 
CAPITAL STOCK OF CORPORATIONS—subject to 
legislative control, 4, 26, p. 112. 
to be entered on books, 12, 14, p. 284. 
CAPITATION TAX—legislature may provide for a 
poll tax, 13, 12, p. 320. 
or for income taxes, 18, 11, p. 320. 
CEMETERIES—special legislation prohibited, 4, 25, 
p. 99. 
CENSUS—the basis of adjustment of legislative dis- 
tricts, 4, 6, p. 75. 
CERTIORARI—jurisdiction of Sunes court, 6, 4, 
p. 144. 
of superior court, 6, 5, p. 154. 
CHAMBERS-—justice of supreme court may act in, 
6,°2.° D159, 
judges of superior courts may act in, 6, 14, p. 181. 


INDEX TO CONSTITUTION OF 1879. 567 


CHANGE OF COUNTY SEAT—to be by general laws 
alone, Art. 4, Sec. 25, p. 99. 
CHANGE OF NAMES-—special legislation prohibited, 
4, 25, p. 99. 
CHANGE OF PLACE OF TRIAL—in libel cases, 1, 
me po 11, 
in railroad cases, 12, 16, p. 285. 
CHANGE OF VENUE-—special acts prohibited, 4, 25, 
‘ p. 99. 
CHARGE TO JURY—6, 19, p. 183. 
CHARTHR—cannot be granted by special act, 4, 25, 
P p99. 
for banking purposes prohibited, 12, 5, p. 280. 
but corporations may form under general laws, 
12, 5, p. 280. 
invalid for want of organization under, 12, 6, p. 
280. 
not to be extended, 12, 7, p. 280. 
nor forfeiture remitted, 12, 7, p. 280. 
business restricted to terms in, 12, 9, p. 281. 
CHARTER OF MUNICIPAL CORPORATION—how 
obtained, 11, 8, p. 227. 
when and how framed, 11, 8, p. 227. 
board of freeholders may prepare, 11, 8, p. 227. 
copy to be deposited with secretary of state, 11, 
Spe 221. 
and a copy to be recorded, 11, 8, p. 227. 
judicial notice to be taken, 11, 8, p. 227. 
may be amended, 11, 8, p. 227. 
approval of three-fifths of voters necessary, 11, 
8, p. 227. 
how presented to voters, 11, 8, p. 227. 
may contain what, 11, 844, p. 238. 
CHIEBE JUSTICH—subject to impeachment, 4, 18, p. 
85. 
authority and duties of, 6, 2, p. 139. 
time and place of election, 6, 3, p. 1438. 
CHIEF MAGISTRATEH—styled governor of Califor- 
nia, 5, 1, p. 124. 
CHILDREN—adoption and legitimation of, 4, 25, p. 
99. 
CHINESE—excluded from right of suffrage, 2, 1, p. 
54. 
legislature to provide for protection against, 19, 
1, p. 340. 


568 INDEX TO CONSTITUTION OF 1879. 


CHINESE—to impose conditions on their residence, 
Art. 19, Sec. 1, p. 340. 
to provide for their removal from the state, 19, 
1, p. 340. 
corporations prohibited from employing, 19, 2, p. 
341. 
municipal corporations prohibited from employ- 
ing, 19, 3, p. 341. 
not to be employed on public works, 19, 3, p. 341. 
penalty to be prescr ibed for importing coolies, 19, 
4, p. 342. 
their immigration to be discouraged, 19, 4, p. 342. 
power to be delegated to cities and towns for 
their removal, 19, 4, p. 342. 
provisions to prohibit their introduction, 19, 4, p. 
342. 
and to provide for protection against evils of 
their presence, 19, 4, p. 342. 
legislature to enforce constitutional provisions, 
19, 4, p. 342. 
CHURCH—appropriations to, prohibited, 4, 30, p. 116. 
CITIES—to share in appropriations to orphans, etce., 
4, 22, p. 88. 
CITIZENS—rights of, 1, 9, p. 11. 
privileges and immunities of, 1, 21, p. 51. 
right of suffrage, 2, 1, p. 54. , 
not to be deprived of life, liberty, e¢‘c., without 
due process of law, 1, 18, p. 17. 
CITIZENSHIP—under Treaty of Queretaro, 2, 1, p. 
54. 
lost, cannot be restored by special act, 4, 25, p. 
99. 
CITY—may be divided into congressional districts, 4, 
27, po 114: 
officers to be governed by general laws only, 4, 
25,- p.: 99. 
what appropriations prohibited, 4, 30, p. 116. 
mode of framing charter, 11, 8, p. 227. 
board of freeholders, when may frame charter, 
LAS, onleeet: 
charter, to be published, 11, 8, p. 227. 
to be submitted to vote, 11, 8, p. 227. 
if ratified to be submitted to legislature, 11, 8, 
p. 227. 


INDEX TO CONSTITUTION OF 1879. 569 


CITY—if approved, it becomes the charter, Art. 11, 
Sec. 8, p. 227. 
protection from alien paupers, 19, 1, p. 340. 
CITY AND COUNTY-—tright to share in appropria- 
tions granting aid, 4, 22, p. 88. 
not to be divided in forming congressional dis- 
trict, 4, 27, p. 114. 
restriction on appropriations, 4, 30, p. 116. 
governments may be merged and consolidated, 11, 
Meee 220). 
CITY, COUNTY, OR TOWNSHIP—right to share in 
appropriations to institutions, 4, 22, p. 88. 
prohibited from aiding religious sect or creed, 4, 
woPp. 116. 
prohibited from loaning or giving its credit, 4, 
oie p. 116. 
inferior courts may be established in, 6, 1, p. 1387. 
a subdivision of state, 11, 1, p. 208. 
may organize under general laws, 11, 6, p. 218. 
compensation of officers of, 11, 9, p. 240. 
not to be released from share of taxes, 11, 10, p. 
241. 
commutation of taxes prohibited, 11, 10, p. 241. 
may enforce local police and sanitary regulations, 
DPA) pp. 2423 
legislature may vest power of taxation in, 11, 12, 
p. 252. 
to appoint inspection officers, 11, 14, p. 258. 
money collected to be paid into treasury, 11, 16, 
p. 258. 
restriction as to incurring indebtedness, 11, 18, 
p. 259. 
liabilities of, when void, 11, 18, p. 259. 
to regulate water rates, 14, 1, p. 321. 
penalty for neglect, 14, 1, p. 321. 
to be protected from alien paupers, etc., 19, 1, 
p. 340. 
to have power to remove the same, 19, 4, p. 342. 
provisions for prohibiting their introduction, 19, 
4, p. 342. 
CITY COUNCIL to fix water rates, 14, 1, p. 321. 
CIVIL ACTIONS—three-fourths of jury may decide, 
Ty pe 8. 
jury may be waived, 1, 7, p. 8. 
imprisonment in, 1, 15, p. 41. 


570 INDEX TO CONSTITUTION OF 1879. 


CIVIL OFFICERS—trial of, for misdemeanor, Art. 4, 
See. 18, p. 85. 
CLASSIFICATILION—of justices of supreme court, 6, 
3, p. 148. 
of counties, 11, 5, p. 218. 
of senators at election of 1882, 4, 5, n. 74. 
of municipal corporations, 11, 6, p. 218. 
of state prison directors, 1U, 1, p. . 4. 
of superior judges in San Francisco, 6, 6, p. 170. 
of supervisors, 11, 7, p. 225. 

CLAIMS AGAINST STATE OR LOCAL GOVERN- 
MENT—not to be allowed, 4, 32, p. 119.: 
CLERK-—of supreme court, legislature to provide for 

election of, 6, 14, p. 181. 
county clerk to be ex officio clerk of courts of 
record, 6, 14, p. 181. 
of state prison, appointment by board, 10, 3, p. 
205. 
powers and duties of, to be defined, 10, 5, p. 206. 
of county, duty on election for new constitution, 
- 22, 6, p. 364. 
CLERICAL OFFICERS—salary of, 5, 19, p. 134. 
CLERICAL SERVICES—limitation of compensation, 
5, 19, p. 184. 
COLLECTION OF TAXES—to be governed by gen- 
eral laws, 4, 25, p. 99. 
of municipal taxes, 11, 12, p. 252. 
COLLEGE—appropriation, when prohibited, 4, 30, p. 
116. 
COLLEGE OF AGRICULTURE—to be supported 
and maintained, 9, 9, p. 199. 
fund for to be inviolate, 9, 9, p. 199. 
COMBINATIONS—between transportation companies 
prohibited, 12, 20, p. 288. 
COMMANDER-IN-CHIEF—of militia, 5, 5, p. 126. 
governor to continue as, 5, 16, p. 132. 
COMMISSIONERS—to be elected or appointed, 20, 
4, p. 346. 
term of office of, 20, 16, p. 350. 
COMMISSIONS—to be sealed and signed by goy- 
ernor, 5; 14);°p.- 1381: 
to militia officer to be signed by governor, 8, 1, 
p. 190. 
COMMITMENT—for offenses, 1, 8, p..10. 


INDEX TO CONSTITUTION OF 1879. 571 


COMMON CARRIERS—railroads, canals, and trans- 
portation companies are, Art. 12, Sec. 17, p. 286. 
subject to legislative control, 12, 17, p. 286.) 
when not to combine to share earnings, 12, 20, p. 
288. 
rates lowered cannot be raised without consent 
of government, 12, 20, p. 288. 
discriminating rates prohibited, 12, 21, p. 289. 
charges at way stations, 12, 21, p. 289. 
excursion and commutation tickets may be at 
special rates, 12, 21, p. 289. 
See Railroad Companies. 
COMMON SCHOOLS—not subject to local or special 
acts, 4, 25, p. 99. 

- gource and origin of funds, 9, 4, p. 193. 
legislature to provide for system of, 9, 5, p. 194. 
system to include primary and grammar schools, 

5,6; p. 195. 
funds to be applied exclusively thereto, 9, 6, p. 
195. 
no sectarian doctrine to be taught, 9, 8, p. 199. 
COMMUNICATION OF GOVERNOR —to legislature,. 
5, 10, p. 130. 
COMMUTATION OF SENTENCE—power of gov- 
ernor, 7, 1, p. 188. 
COMMUTATION OF TAXES PROHIBITED—11, 10, 
p. 241. 
COMPENSATION—to be first made on taking prop- 
erty for public use, 1, 14, p. 31. 
of members of legislature, 4, 23, p. 91. 
in case of adjournment, 4, 14, p. 81. 
extra cannot be granted, 4, 32, p. 119. 
of state officers not to be diminished or increased, 
5, 19, p.. 134. 
of clerk of supreme court, 6, ite . 181, 
to justices and judges, 6, 17, p. 182, 
of justices to be paid by state, 6, 17, p. 182. 
half salary of judges to be paid by state, 6, 17, 
p. 182. 
and half by counties, 6, 17, p. 182. 
of board of state prison directors, 10, 4, p. 205. 
of county officers, 11, 5, p. 213. 
of county, city, and town officers, not to be in- 
creased, 11, 9, p. 240. 


572 INDEX TO CONSTITUTION OF 1879, 


COMPULSORY PROCESS—accused entitled to pro- 
cure. witnesses, Art. 1, Sec. 13, p. 17. 
on failure of supervisors to fix water rates, 14, 
Lippe 
CONCURRENCE NECESSARY TO JUDGMENT IN 
SUPREME COURT —6, 2, p. 189. 
CONDEMNATION TO PUBLIC USE—See Eminent 
Domain. 
CONDITION OF STATE—governor to communicate 
to legislature, 5, 10, p. 130. 
CONDITIONS IMPOSED ON FOREIGN CORPORA- 
TIONS—12, 15, p. 284. 
CONFESSION IN OPEN COURT —effect of, 1, 20, p. 
50. 
CONGRESSIONAL DISTRICTS—how ae 4, 27, 
p. 114. 
of contiguous assembly districts, 4, 27, p. 114. 
assembly district not to be divided, 4, 27, p. 114. 
CONSOLIDATION OF MUNICIPAL GOVERN- 
MENTS—to be under general laws, 11, 7, p. 225. 
provisions applicable, 11, 7, p. 225. 
two boards of supervisors to be elected, 11, 7, p. 
Sens 
CONSTABLE —local and special acts prohibited, 4, 
25, p. 99. 
CONSTITUTION—the supreme law, 1, 3, p. 5. 
provisions mandatory and prohibitory, 1, 22; p. 
52. 
mode of amending, 18, 1, p. 337. 
mode of revision, 18, 2, p. 338. 
when it takes effect, 22, 12, Ly oes 
submission to vote of people, 22, 2, p. 361. 
CONTAGIOUS DISHASES—protection from, 19, 1, p. 
340. 
CONTINGENT EXPENSES—of legislature, 4, 23, p. 
OL: 
CONTRACTOR—when not to receive extra compen- 
sation, 4, 32, p.° 119. 
CONTRACTS— obligations of not to be impaired, 1, 
16, p. 41. 
taxation of, 138, 4, p. 308. 
existing not to be affected, 22, 1, p. 357. 
for sale of stocks on margin, void, 4, 26, p. 112, 


INDEX TO CONSTITUTION OF 1879. Dio 


CONTRACTS—to pay tax on loan or its security, 
void, Art. 13, See. 5, p. 311. 
for coolie labor, void, 19, 4, p. 342. 
of marriage, validity of, 20, 7, p. 347. 
CONTROLLER—subject to impeachment, 4, 18, p. 85. 
how chosen, 5, 17, p. 133. 
term of office, 5, 17, p. 133. 
compensation of, 5, 19, p. 134. 
a member ex officio of board of equalization, 13, 
9, p. 313. 
to canvass returns of election on revision, 18, 2, 
p. 338. 
CONVENTION FOR REVISION—how and when 
formed 18, 2, p. 338. 
of what to consist, 18, 2, p. 338. 
delegates, when to meet, 18, 2, p. 338. 
constitution to be submitted to vote, 18, 2, p. 338. 
return and proceedings thereon, 18, 2, p. 338. 
executive to declare result, 18, 2, p. 338. 
majority required to ratify, 18, 2, p. 338. 
proclamation of governor, 18, 2, p. 338. 
legislature may provide for expenses of, 20, 19, 
p. 353. 
CONVICTION—for crime deprives privilege of an 
elector, 2, 1, p. 54. 
two-thirds of senate to concur on, 4, 17, p. 84. 
for embezzlement to disqualify for office, 4, 21, 
p. 88. 
for lobbying, disfranchises, 4, 35, p. 122. 
for offering bribe for election disqualifies for of- 
fice, 20, 10, p. 348. 
for bribery and forgery disfranchises, 20, 11, p. 
348. 
so for malfeasance in office and for other high 
crimes, 20, 11, p. 348. 
reprieve and pardon after, 7, 1, p. 188. 
CONVICT LABOR—to be regulated by legislature, 
10, 6, p. 206. 
excluded from right to office, 4, 21, p. 88. 
not to be let out by contract, 10, 6, p. 206. 
CONVICTS—deprived of right to vote, 2,.1, p. 54. 
cannot be restored to citizenship by special act, 
4,25, p. 99. 


574 INDEX TO CONSTITUTION OF 1879. 


COOLIE LABOR—contracts for void, Art. 19, Sec. 4 


p. 342. 

COOLIEISM—a form of slavery, prohibited, 19, 4, p. 
342. 

CO-OPERATIVE SOCIETIES—election of officers, 
12) (12 Sp eho. 


CORPORATIONS—conditions precedent to appropria- 

tion of right of way, 1, 14, p. 31. 

when not to receive state appropriations, 4, 22, 
p. 88. 

cannot acquire rights by special legislation, 4, 25, 
p. 99. 

liability of cannot be released by special act, 4, 
25, p. 99. 

sale of stock to be controlled by legislature, 4, 26, 
p. 112. 

state cannot subscribe for stock of, 4, 31, p. 116. 

rates of charges to be regulated, 4, 33, p. 121. 

cannot select persons to regulate charges for ser- 
vices and materials furnished, 4, 33, p. 121. 

to be formed under general laws, 12, 1, p. 270. 

laws creating may be altered or repealed, 12, 1, 
p. 270. 

dues to be secured by individual liability, 12, 2, 
p. 278. 

stockholder’s liability, 12, 3, p. 274. . 

term includes associations and joint-stock com- 
panies, 12, 4, p. 279. 

may sue and be sued, 12, 4, p. 279. 

where may be sued, 12, 16, p. 285. 

for banking purposes prohibited, 12, 5, p. 280. 

cannot circulate any but lawful money of’ the 
United States, 12,-5, p. 280. 

certain existing charters and franchises avoided, 
125 Gaps 2s; 

existing charters hot to be extended, 12, 7, p. 280, 

nor can their forfeiture be remitted, 12, 7, p. 28v. 

not to injure rights of individuals or welfare of 
state, 12, 8, p. 281. 

to be subject to right of eminent domain, 12, 8, 
p. 281. 

police power over, not to be abridged, 12, 8, p. 
281. ae 

limited to business authorized in charter, 12, 9, 
p. 281 


INDEX TO CONSTITUTION OF 1879. 575 


CORPORATIONS—restriction on tenure of real es- 
tate, Art. 12, Sec. 9, p. 281. 
not relieved from liability by lease or alienation, 
12.710, p.-282. 
indebtedness not to be increased under special 
pact; 12,)11,. p. 282: 
restriction on issue of stock or bonds, 12, 11, D- 
282. 
notice required on increase of stock, 12, 11, p. 282. 
voting at elections by stockholders, 12, 12, p. 283. 
-°. eumulative vote allowed, 12, 12, p. 283. 
or distributive vote, 12, 12, p. 283. 
exception as to co-operative societies, 12, 12, p. 
283. 
state not to give or loan its credit to, 12, 138, p. 
283. 
nor to subscribe to stock of, 12, 13, p. 283. 
to have office within state, 12, 14, p. 284. _ 
religious and benevolent societies excepted, 12, 14, 
p. 284. 
books, ete., to be open to inspection, 12, 14, p. 284. 
to contain certain entries, 12, 14, p. 284. 
foreign corporations not to be favored, 12, 15, p. 
284. 
where may be sued, 12, 16, p. 285. 
place of trial may be changed, 12, 16, p. 285. 
rights and liabilities of transportation companies, 
13, 17; ep286. 
officers of, restrictions on, 12, 18, p. 287. 
free passes to officials prohibited, 12, 19, p. 288. 
fares and freights to be regulated, 12, 20, p. 288. 
discrimination in charges forbidden, 12, 21, p. 289. 
forfeiture of franchise for illegal water rates, 14, 
1p. 621, 
not to exclude right of way in harbors, 15, 2, p. 
328. 
may be assessed for income tax, 13, 11, p. 320. 
-prohibited from employing Chinese, 19, 2, p. 341. 
penalty for introduction of coolie labor, 19, 4, p. 
342. 
See Railroad Companies; Transportation Companies. 
CORRUPTING LEGISLATORS—a felony, 4, 35, p. 
122, 
compulsory testimony in cases of, 4, 35, p. 122. 


576 INDEX TO CONSTITUTION OF 1879. 


COUNTY-—right to share in appropriations, Art. 4, 
See. 22, p. 88. 
place of voting on organization, 4, 25, p. 99. 
not to be divided in forming congressional] dis- 
trict, 4, 27, p. 114. 
what appropriations by prohibited, 4, 30, p. 416. 
prohibited from loaning or giving its credit, 4, 31, 
p. 416. 
a subdivision of the state, 11, 1, p. 208. 
new counties, organization of, 11, 3, p. 208. 
liability for debts, on enlargement of, 11, 3, p. 208. 
governments of counties to be uniform, 11, 4, p. 
ZT, 
organization under townships, 11, 4, p. 211. 
legislature to establish system of governments, 
TAS 4a 2 ite 
boards of supervisors for, 11, 5, p. 213. 
municipal corporations controlled by general 
laws, 11,°6, p. 218. 
city and county governments, 11, 7, p. 225. 
compensation of officers of, 11, 9, p. 240. 
not to be released from state taxes, 11, 10, p. 241. 
may make local, police, and sanitary regulations, 
ad, 11, pices. 
power to levy taxes, 11, 12, p. 252. 
powers not to be delegated, 11, 13, p. 256. 
to appoint local inspection officers, 11, 14, p. 258. 
private property not liable for debts of, 11, 15, p. 
258. 
moneys collected to be paid into treasury, 11, 16, 
D258. 
making profit out of public funds a felony, 11, 17, 
p. 259. 
restriction on power to incur debts, 11, 18, p. 259. 
provision to be made for payment of debts, 11, 
1s: Reo, 
liabilities, when void, 11, 18, p. 259. 
property of exempt from taxation, 13, 1, p. 294. 
protection from alien paupers, ete., 19, 1, p. 340. 
COUNTY BOARDS OF EQUALIZATION—how con- 
stituted and duties of, 13, 9, p. 313. 
COUNTY CLERIKS—ex officio clerks of courts of 
record, 6, 14, p. 181. 
election and appointment of, 11, 5, p. 213. 
duties as to new constitution, 22, 6, p. 364. 


INDEX TO CONSTITUTION OF 1879. 577 


COUNTY GOVERNMENTS—as existing, recognized, 
Art. 11, See. 1, p. 208. 
legislature to establish system of, Py ash alt. 
COUNTY OFFICEKRS—to be regulated by general 
laws, 4, 25, p. 99. 
legislature to provide for election of, 11, 5, p. 213. 
to pay county moneys into treasury, 11, 16, p. 
258. 
making profit thereon, or using the same, a fel- 
ony, 11, 16, p. 258. 
duties as to return of votes on new constitution, 
22, 8, p. 365. 
COUNTY SEATS—cannot be changed by special leg- 
islation, 4, 25, p. 99. 
proceedings for removal of, noe 2n) Dr ces 
two-thirds vote required, 11, 2, p. 208. 
proposition can be made but once in four years, 
1k, 2, :208. 
COUNTY SUPERINTENDENTS election and quali- 
fication of, 9, 3,.p. 193. 
when to adopt as books, 9, 7, p. 196. 
COUNTY AND TOWNSHIP—business to be gov- 
erned by general laws, 4, 25, p. 99. 
COURT COMMISSIONERS—legislature may provide 
for, 6, 14, p. 181. 
and authorize to act at chambers, 6, 14, p. 181. 
to take depositions, etc., 6, 14, p. 181. 
allowed fees and perquisites, 6, 15, p. 181. 
COURT OF IMPEACHMENT-—6, 1, p. 187. 
COURTS—practice to be governed by general laws, 
4, 25, 'p..t99: 
inferior, legislature may establish, 6, 1, p. 1387. 
except justices of the peace and police courts 
abolished, 22, 3, p. 361. 
records, books, ete., to be transferred to new 
eourts, 22, 3, p. 361. 
power and jurisdiction of new courts, 22, 3, p. 
361. 
COURTS OF RECORD—what are, 6, 12, p. 180. 
county clerks as clerks of, 6, 1 oe 181. 
judge of not to practice law, 6, 22, p. 186. 
CREDIT OF STATE—local and special legislation 
prohibited, 4, 25, p. 99. 
Constitution—49 


578 INDEX TO CONSTITUTION OF 1879. 


CREDIT OF STATE—not to be loaned, Art. 4, See. 
$1, p. 116; Art..12,.Sec. 1330.7 2s 
not to be given or loaned, 12, 18, p. 283. 
CREDITS—taxable, 13, 1, p. 294. . 
CREED—appropriations’ prohibited, 4, 30, p. 116. 
CRIME —offenses, how prosecuted, 1, 8, p. 10. 
impeachment of civil officers, 4, 18, p. 85. 
right of trial by jury, 1, 7). pic 
rights of party accused, 1, 18, p. 17. 
deprivation of right of suffrage on conviction 
for, 2, 1, p. 54. 1p 
laws to be made to exclude from office, juries, 
etc., persons convicted, 20, 11, p. 348. 
existing prosecutions for not affected, 22, 2, p. 
361. 
CRIMINAL CASES—appellate jurisdiction of su- 
preme court, 6, 4, p. 144. 
original jurisdiction of superior court, 6, 5, p. 154. 
CRIMINAL PROSECUTION-—trights of accused, 1, 
13... bas 
CRUEL AND UNUSUAL PUNISHMENTS—prohib- 
TULCG, ve Op Donte 
CULTIVATED LANDS—and uncultivated, how as- 
sessed, 138, 2, p. 308. 
CUMULATIVE VOTE—may be cast by stockholder, 
TEI fF Oe coo 


DAMAGE-—not to be done for public use without 
compensation, 1, 14, p. 31. 
DAMAGES—recoverable for excessive charges for 
fares and freights, 12, 22, p. 289. 
DAY’S WORK—on public works eight hours, 20, 17, 
p. 352. 
DEATH —of governor, lieutenant-governor to act, 5, 
1G, Sp Agiaa: 
DEBTS—to be deducted from credits in assessments, 
unless due to foreign creditor, 138, 1, p. 294. 
See State Indebtedness. 
DEBTS OF STATE—limitation to creation of, 16, 1, 
p. 330. 
DECLARATION OF RIGHTS—1, 1, p. 2. 
DEEDS—cannot be. validated by special legislation, 
4, 25, p. 99. 
of trust, taxation of, 138, 4, p. 308. 


FF 


INDEX TO CONSTITUTION OF 1879. 579 


DEFALCATION—in office a disqualification, Art. 4, 
Sec. 21, p. 88. 
DELEGATES—to convention for revision of consti- 
tution, 18, 2; p. 338. 
legislature may provide for payment of, 20, 19, 
p. 353. 
DELEGATION OF POWERS—of taxation to munic- 
ipal corporations, 11, 12, p. 252. 
to remove Chinese, 19, 4, p. 342. 
DENOMINATIONAL SCHOOLS—to receive no pub- 
lic money, 9, 8, p. 199. 
DEPARTMENTS—of government, 3, 1, p. 61. 
of supreme court, 6, 2, p. 139. 
each empowered to hear and determine, 6, 2, p. 


139. 
three justices necessary to transact business, 6, 
2, p. 139. 
their concurrence necessary to judgment, 6, 2, p. 
339. 
judgment not final till expiration of thirty days, 
6, 2;. p. 339. 
DEPOSITIONS—legislature to provide for taking, 1, 
13, p. 17. 
DEPRIVING OF LIFH, LIBERTY OR PROPERTY 
—1, 13, p. 17. 
DESCENT~—special legislation prohibited, 4, 25, p. 
99... 
DIFFUSION OF KNOWLEDGE—to be encouraged, 
9,.1, p. 192. 


DIRECTORS OF CORPORATIONS—mode of elec- 
Hon 01,712,012, piv 283: 
right of stockholders to cumulate votes, 12, 12, 
p. 2838. 
jointly and severally liable for embezzlement of 
employees, 12, 3, p. 274. 
DISABILITY—for office on conviction for embezzle- 
ment or defaleation, 4, 21, p. 88. 
of governor, lieutenant-governor to act, 5, 16, p. 
132. 
by dueling, 20, 2, p. 344. 
laws to be passed to exclude convicted persons 
from office, juries, etc., 20, 11, p. 348. 
DISAPPROVAL OF BILLS—by governor, 4, 16, p. 
82. 


580 INDEX TO CONSTITUTION OF 1879. 


DISCRIMINATION—in fares and freights prohibi- 
ted, Art. 12, Sec. 21, p. 289. 
DISFRANCHISEMENT —of legislator for accepting 
reward or bribe, 4, 35, p. 122. 
for dueling, 20, 2, p. 344. 
DISQUALIFICATION—of members of. legislature 
for offenses, 4, 19, p. 86. 
of certain officers to hold office, 4, 20, p. 87. 
by embezzlement and defaleation, 4, 21, p. 88. 
on conviction for offering bribes, 20, 10, p. 348. 
by offering bribe to voters, 20, 10, p. 348. 
sex, as to business pursuits not to create, 20, 18, 
Do o0c. 
of members of corporations for certain offices, 4, 
ba, pe Jel: 
by receiving bribe, 4, 35, p. 122. 
of lieutenant-governor for other offices, 5, 15, p. 
tei 
DISTRIBUTION OF POWERS—of government, 3, 1, 
DAG 
DISTRIBUTIVE VOTE—on election of officers of 
corporations, 12, 12, p. 2838. 
DISTRICT ATTORNEYS—legislature to provide for 
election of, 11, 5, p. 218. 
DISTRICT COURTS—See Superior Courts. 
DISTRICTING STATE—for representation, 4, 6, p. 
75. 
for railroad purposes, 12, 22, p. 289. 
DIVISION OF COUNTY—congressional districts, 4, 


27, p. 114. 
DIVORCES—special legislation prohibited, 4, 25, p. 
99. 
original jurisdiction of superior courts, 6, 5, p. 
213. 


DONATION—in aid of religious institutions prohibi- 
ted, 4, 30, p. 116. 
DUE PROCESS OF LAW—what is, p. 24. 
DUELING—disfranchisement for, 20, 2, p. 344. 
DUES—from corporation to be secured by law, 12, 
De Yikes 
individual liability of stockholders, 12, 3, p. 274. 
liability of trustees, 12, 3, p. 274. 
liability to taxation, 18, 1, p. 294. 


INDEX TO CONSTITUTION OF 1879. 581 


DUTIES—of departments to be distinct, Art. 3, Sec. 
pe G1. 
of state officers, 5, 18, p. 154. 
of clerk of supreme court, 6, 14, p. 181. 
of railroad commissioners, 12, 22, p. 289. 
of boards of equalization, 13, 9, p. 315. 


EDUCATION—diffusion of knowledge to be encour- 
aged, 9, 1, p. 192. 
superintendent of public instruction, 9, 2, p. 193. 
county superintendents, 9, 3, p. 193. 
school funds, how applied, 9, 4, p. 193. 
common school system, 9, 5, p. 194. 
system, what to include, 9, 6, p. 195. 
who to adopt text-books, 9, 7, p. 196. 
sectarianism prohibited, 9, 8, p. 199. 
university fund, 9, 9, p. 199. 
See Common Schools; University. 
ELEEMOSYNARY INSTITUTIONS ALONE CAN 
ENJOY PERPETUITIES—29, 9, p. 348. 
ELECTIONS—who may vote at, 2, 1, p. 54. 
who not entitled to vote, 2, 1, p. 54. 
privilege from arrest on days of, 2, 2, p. 57. 
exemption from militia duty, 2, 3, p. 59. 
residence, how lost, 2, 4, p. 59. 
to be by ballot, 2, 5, p. 60. 
of members of legislature, 4, 3, p. 73. 
of county officers, local acts prohibited, 4, 25, p. 
“OO. 
and place of voting to be regulated by general 
laws, 4, 25, p. 99. 
by legislature to be viva voce, 4, 28, p. 115. 
each house to judge of election and return of its 
members, 4, 7, p. 77. 
to be conducted under general laws, 4, 25, p. 99. 
of governor, when and how, 5, 2, p. 125. 
of lieutenant-governor, 5, 15, p. 1381. 
of state officers, 5, 17, p. 133. 
of justices of supreme court, 6, 3, p. 143. 
of judges of superior court, 6, 6, p. 170. 
of superintendent of public instruction, 9, 2, p. 
193. . 
of supervisors of consolidated city governments, 
ty 7, DE - 225. 


582 INDEX TO CONSTITUTION OF 1879. 


ELECTIONS—term and classification of, Art. 11, See. 
igy ene 
for ratification of city charter, 11, 8, p. 227. 
of amendment to charter, 11, 8, p. 227. 
of officers of agricultural society, 12, 11, p. 282. 
of directors and trustees of corporations, 12, 12, 
p. 283. 
cumulative vote by stockholders, 12, 12, p. 283. 
or distributive vote, 12, 12, p. 283. 
manner of voting of co-operative societies, 12, 
12, D. coor 
of railroad commissioners, 12, 22, p. 289. 
of state board of equalization, 13, 9, p. 313. 
to be held on creation of state debt, 16, 1, p. 330. 
on amendment to constitution, 18, 1, p. 337. 
on revision of constitution, 18, 2, p. 338. 
of officers created by legislation, 20, 4, p. 346. 
offering bribe for a disqualification for office, 20, 
10, p. 348. 
to be regulated by laws, 20, 11, p. 348. 
plurality vote constitutes a choice, 20, 13, p. 349. 
for state officers, what years to be held, 20, 20, 
p. 353. 
time and manner of elections of judicial. and 
school officers, 22, 10, p. 366. 
ELECTION OFFICERS—to be governed by general 
laws only, 4, 25, p. 99. 
ELECTOR—property qualification not to be required, 
1, 24, D. Dax 
who disqualified to vote, 2, 1, p. 54. 
privilege from arrest, 2, 2, p. 57. 
from militia duty, 2, 8, De 59. 
residence, how not lost, 2, 4, p. 59. 
eRe eT member of legislative pane 4, 4, 
p. 
for les of governor, 5, 3, p. 125. 
of lieutenant-governor, 5, 15, p. 181. 
for judicial offices. 6, 23, p. ee 
for railroad commissioner, 12, 289. 
EMBEZZLEMENT—to deprive of Sennen elec- 
tor, 2, 1, p. 54. 
a disqualification to office, 4, 21, p. 88. . 
a felony, 4, 21, p. 88. 
directors and trustees liable for, 12, 3, p. 274. 


INDEX TO CONSTITUTION OF 1879. 583 


EMINENT DOMAIN—exercise of powers, Art. 1, Sec. 
14, p. 31. 
compensation to be first secured, 1, 14, p. 31. 
damage to property, a taking, 1, 14, p. 31. 
corporations subject to right of, 12, 8, p. 281. 
right of, not to be abridged on grants of corpo- 
rate franchise, 12, 8, p. 281. 
franchises subject to right of, 12, 8, p. 281. 
right extends to all frontages on navigable wa- 
ters, 15, 1, p. 328. 
EMPLOYMENT —corporations prohibited from em- 
ploying Chinese, 19, 2, p. 341. 
Chinese not to be employed on public works, 19, 
3, p. 341. 
ENACTING CLAUSH—of statutes, 4, 1, p. 67. 
ENDOWMENT —of university, 9, 9, p. 199. 
ENGLISH—the sole language for publication of pub- 
lic writings, ete., 4, 24, p. 92. 
ENJOYMENT OF PROPERTY-—trights of foreign- 
ers, 1, 17, p. 48. 
ENUMERATION OF RIGHTS—not to affect others 
reserved, 1, 23, p. 53. 
HQUITY—appellate jurisdiction of supreme court, 6, 
4, p. 144. 
original jurisdiction in superior court, 6, 5, p. 
154. 
ESTATES OF DECEASED—local and special acts 
prohibited, 4, 25, p. 99. 
when to go into school funds, 9, 4, p. 193. 
EVENING SCHOOLS—may be established, 9, 6, p. 
195. 
EVIDENCE—in cases of libel, 1, 9, p. 11. 
what necessary to convict of treason, 1, 20, p. 
50. 
in cases of bribery and corrupt solicitation, 4, 35, 
p. 122. “ 
EXAMINATION OF TEACHERS—under control of 
local boards, 9, 7, p. 196. 
EXCESSIVE BAIL OR FINES—cannot be required 
nor imposed, 1, 6, p. 195. 
EXCLUSIVE RIGHTS—cannot be granted by spe- 
cial statute, 4, 25, p. 99. 
EXCURSION AND COMMUTATION TICKETS—at 
special rates, 12, 21, p. 289. 


584 INDEX TO CONSTITUTION OF 1879. 


EXECUTIVE—a department of government, Art. 3, 
Sec. 1, p. 61. 
power vested in a governor, 5, 1, p. 124. 
business of, 5, 6, p. 126. 
to see laws executed, 5, 7, p. 126. 
to fill vacancies in office, 5, 8, p. 126. 
state officers, election and term of, 5, 17, p. 133. 
compensation of, 5, 19, p. 134. 
proceedings to be published in Hnglish only, 4, 
24, p. 92. 
secretary of state to keep records of, 5, 18, p. 
134. 
duty of on return of election on revision of con- 
stitution, 18, 2, p. 338. 
See Governor. 
EXECUTIVE OFFICER—oath to be taken by, 20, 
3, p. 345. 
EXEMPLARY DAMAGES—on extortion in charge 
of fares and freights, 12, 22, p. 189. 
EXEMPTIONS—from taxation, special acts prohib- 
ited, 4, 25, p. 99. 
what property is, 13, 1, p. 294. 
property used for religious worship, 13; 114, p 
307. 
property of Leland Stanford Junior University, 
9, 10, p. 201. 
property of California School of Mechanical Arts, 
Os pile Dees 
fruit and nut-bearing trees, 13, 1234, p. 320. 
from poll tax, who is, 138, 12, p. 320. 
of executive officer from process, 5, 6, p. 126. 
of homestead from forced sale, 17, 1, p. 333. 
EXPENDITURES—to be published with the laws, 
4, 22, p. 88. 
EXPENSES OF CONSTITUTIONAL CONVEN- 
TION—provision for, 20, 19, p. 353. 
EX POST FACTO LAWS—prohibited, 1, 16, ‘p. 41. 
EXPULSION OF MEMBER--power of legislature, 
4,9, pe 79. 

EXTENSION OF TIME FOR COLLECTION OF 
TAX~—special acts prohibited, 4, 25, p. 99. 
EXTINGUISHMENT OF DEBT OR LIABILITY— 

special acts prohibited, 4, 25, p. 99. 


INDEX TO CONSTITUTION OF 1879. 585 


EXTORTION—in fares and freights, penalty for, Art. 
12, Sec. 22, p. 289. 
EXTRA COMPENSATION TO PUBLIC OFFICERS 
PROHIBITED~4, 32, p. 119. 
EXTRA SESSIONS OF LEGISLATURE—how con- 
vened, 4, 2, p. 73. 
on extraordinary occasions, 5, 9, p. 130. 


FARES AND FREIGHTS—power to regulate in gov- 
ernment, 12, 20, p. 288. | 
when lowered cannot be raised without its con- 
sent, 12, 20, p. 288. 
discrimination in charges prohibited, 12, 21, p. 
289. 
exception as to certain tickets, 12, 21, p. 289. 
to be regulated by a commission, 12, 22, p. 289. 
to be published from time to time, 12, 22, p. 289. 
damages for excessive charges, 12, 22, p. 289. 
See Railroad Commission. 
FEDERAL CONSTITUTION—the supreme law, 1, 3, 
p. 5. 
distinguished from state constitution, p. vii. 
FEDERAL OFFICHR—not eligible to state civil of- 
fice, 4, 20, p. S87. 
not eligible to office of governor, 5, 12, p. 131. 
FEES AND PERQUISITES OF OFFICE ABOL- 
ISHED—5, 19, p. 134. 
prohibited to judicial officers, 6, 15, p. 181. 
exception, justices of peace and court commis- 
sioners, 6, 15, p. 181. 
FEES AND SALARIBS—local and special legisla- 
tion prohibited, 4, 25, p. 99. 
FELONY—lobbying declared to be, 4, 35, p. 122. 
embezzlement of public funds, 4, 21, p. 88. 
public officers using or making profit out of pub- 
lic moneys, 11, 17, p. 259. 
legislator influenced by promise of reward, 4, 35, 
p2122: 
original jurisdiction of superior court, 6, 5, p. 
154. 
FERRIES—cannot be chartered or licensed by spe- 
cial acts, 4, 25, p. 99. 
FICTITIOUS INCREASE OF STOCK ISSUE—Vvoid, 
12, 11, p. 282. 


586 INDEX TO CONSTITUTION OF 1879. 


FINES—excessive not to be imposed, Art. 1, See. 6, 


DG 

cannot be remitted by special legislation, 4, 25, 
p. 99. 

imposed for ee charge for fares and 
freights, 12, 22, p. 389. 


already due a pea by adoption of new con- 
stitution, 22,12, povaGle 
FISCAL YEHAR—to commence on ist of July, 20, 5, 
p. 346. 
FLAGS—authorized to be carried by militia, 8, 2, p. 
191. 
FORCIBLE ENTRY AND DETAINER—appellate 
jurisdiction in, 6, 4, p. 144. 
original jurisdiction, 6, 5, p. 154. 
concurrent jurisdiction of justices of the peace, 
Gia, MDa kero. 
FOREIGNERS-rights of enjoyment of property, 1, 
17, p. 48. 
presence of certain, to be discouraged, 19, 4, p. 
342. 
FOREIGN CORPORATION—not to be favored, 12, 
15, p. 284. 
FORFEITURE—cannot be remitted by special acts, 
4, 25, p. 99. 
of franchise by water companies, 14, 1, p. 321. 
of office for taking free passes on railroads, 12, 
19, p: 288. 
of railroad franchise, legislature may provide 
for;.412; 22; pz. 289. 
of existing franchises not to be remitted, 12, 7, 
p. 280. 
FORGERY—conviction for, a disfranchisement, 20, 
11, p. 348. 
FORM—of oath of office, 20, 3, p. 345. 
FRANCHISE—exclusive privileges, special legisla- 
tion prohibited, 4, 25, p. 321. 
those not fully organized and in business invyal- 
id, 12, 6, p. 280. 
not to be extended, 12, 7, p. 280. 
nor forfeitures remitted, 12, 7, p. 280. 
subject to right of eminent domain, 12, 8, p. 281. 
lease or alienation not to relieve from liability, 
12, 10, p.. 282. 
as property liable to taxation, 13, 1, p. 294. 


INDEX TO CONSTITUTICN OF 1879. 587 


FRANCHISE—power of taxation not to be surren- 
dered in grant of, Art. 18, Sec. 6, p. 312. 
legislature may provide for forfeiture of, 12, 22, 
p. 389. 
taxable, 138, 1, p. 294. 
assessment of for taxes, 13, 10, p. 318. 
water rights, when forfeited, 14, 1, p. 321. 
right to compensation for water supply a fran- 
chise, 14, 2, p. 326. 
FRAUD—as ground for imprisonment for debt, 1, 
15, p. 41. 
FREE AND INDEPENDENT—all men are, 1, 1, p. 
2 


FREE ASSEMBLAGES—guaranteed, 1, 10, p. 12. 
FREE NAVIGATION—in harbors, 15, 2, p. 828. 
over tide lands, 15, 3, p. 828. 
FREE PASSES-—-on railroads, prohibitions as to, 12, 
19, p. 288. . 
acceptance to work forfeiture of office, 12, 19, p. 
288. 
FREE SCHOOLS—to be kept up in each district, 9, 
5, p. 194. 
for six months in the year at least, 9, 5, p. 194. 
FREE SUFFRAGE—privilege to be protected by 
law, 20, 11, p. 348. 
FREEDOM AND - INDEPENDENCE — declaration 
Or Lad pe 2. 
FREEDOM OF SPEECH AND OF THE PRESS— 
to be preserved, 1, 9, p. 11. 
FREEHOLDERS—See Board of Freeholders. 
FRONTAGHS ON NAVIGABLE WATERS—power 
_ of state over, 15, 1-3, p. 328. 
FRUIT AND NUT-BEARING TREES—exempt from 
taxation, 13, 12%, p. 320. 


GAS AND WATEHR-right of cities to regulate 
charges, 11, 19, p. 265. 
GAS CORPORATIONS—legislation to regulate 
charges, 4, 33, p. 121. 
right to introduce light in cities, 11, 19, p. 265. 
right of cities to regulate charges, 11, 19, p. 265. 
may use streets for laying down pipes, 11, 19, 
p. 265. 


588 INDEX TO CONSTITUTION OF 1879. 


GENERAL APPROPRIATION BILL—restrictions 
as: to; Art. 4, Sec..29, p. 115: 
GENERAL LAWS—to have a uniform operation, 1, 
11; p. 18. 
what are, pp. 103, 223. 
GIFT ENTERPRISES—prohibited, 4, 26, p. 112. 
GOVERNMENT —purpose of institution of, 1, 2, p. 
5. 
right to alter or reform, 1, 2, p..5. 
powers, how distributed, 3, 1, p. 61. 
GOVERNOR—may convene legislature by proclama- 
tion, 4, 2, p. 73. 
to issue writs of election to fill vacancy in legis- 
lature, 4, 12, p. 89. 
to approve all laws, 4, 16, p. 82. 
may veto separate items in appropriation bill, 4, 
16; p. 82. 
duty on return of bill with objections, 4, 16, p. 
82. ; 
subject to impeachment, 4, 18, p. 85. 
supreme executive power, vested in, 5, 1, p. 124. 
when and how elected, 5, 2, p. 125. 
term of office, 5, 2, p. 125. 
eligibility and qualification to office, 5, 3, p. 125. 
return of election of, 5, 4, p. 125. 
when legislature to elect, 5,.4, p. 125. 
commander in chief of militia, 5, 5, p. 126. 
to transact all executive business, 5, 6, p. 126. 
may require information from officers, 5, 6, p. 
126. 
to see that laws are executed, 5, 7, p. 126. 
when to fill vacancy in office, 5, 8, p. 126. 
when may convene legislature by proclamation, 


Doe oes, 

to communicate to legislature at every session, 
5, 10, p. 130. 

to adjourn legislature in certain contingencies, 5, 
tT) pesos 


disability to hold other office, 5, 12, p. 131. 

to keep seal of state, 5, 18, p. 181. 

to seal and sign public grants and commissions, 
5, 14, p.ol8h 

who to act in case of impeachment, 5, 16, p. 182. 


’ INDEX TO CONSTITUTION OF 1879. 589 


GOVERNOR—absence not to affect right as com- 

mander-in-chief, Art. 5, Sec. 16, p. 132. 

compensation of, 5, 19, p. 134. 

ineligible for United States senator during term, 
5, 20, p. 135. 

to fill vacancy in justices of supreme court, 6, 
3, p. 1438. 

term of appointee, 6, 3, p. 143. 

to fill vacancy in superior judgeship, 6, 6, p. 170. 

may recommend removal of judicial officer, 6, 
10, p. 175. 

to grant reprieves, pardons, ete., 7, 1, p. 188. 

duty in cases of treason, 7, 1, p. 188. 

to communicate such grants to legislature, 7, 1, 
p. 188. 

restriction on pardoning power, 7, 1, p. 188. 

to commission officers of militia, 8, 1, p. 190. 

may call out militia to execute laws, 8, 1, p. 190. 

to appoint board of prison directors, 10, 1, p. 204. 

when may remove them, 10, 1, p. 204. 

to fill vacancy in railroad commission, 12, 22, p. 
289. 

to canvass returns on revision of constitution, 18, 
2G De. oOo. 

to give notice of election for adoption of new 
constitution, 22, 4, p. 363. 

duty on return of vote thereon, 22, 9, p. 365. 

GRAND JURY—to be drawn at least once a year, 1, 


8, p. 10. 
local and special legislation prohibited, 4, 25, p. 
99. 


GRANTS—prohibited to institutions not under state 

control, 4, 22, p. 88. 

of rights and privileges, special acts prohibited, 
4, 25, p. 99. 

in and of religious institutions prohibited, 4, 30, 
Dodki 6, 

to be sealed and signed by governor, 5, 14, p. 131. 

existing grants, when invalid, 12, 6, p. 280. 

not to be extended, 12, 7, p. 280. 

power of taxation not to be surrendered, 13, 6, 
p. 312. 

of land, restriction as to, 17, 3, p. 334. 

Constitution—50 


590 INDEX TO CONSTITUTION OF 1879. 


GRAVEYARDS-—special legislation prohibited, Art. 
4, Sec.: 25, p. 99. 

GREAT SEAL OF STATE —5, 13, p. 181. 

GROWING CROPS—exempted from taxation, 138, 1, 
p. 294. 


HABEAS CORPUS—privilege of writ not to be sus- 
pended, except, 1, 5, p. 7. 
justice may issue, returnable in his discretion, 6, 
4, p. 144. 
judges of superior court may issue, 6, 5, p. 154. 
HARBOR —frontages’ on navigable waters, power of 
state over, 15, 1, p. 328. 
subject to right of eminent domain, 15, 1, p. 328. 
obstructions to navigation prohibited, 15, 2, p. 
328. 
frontages withheld from grant or sale, 15, 3, p. 
328. ; 
HEALTH--legislature to provide for a state board 
of health, 20, 14, p. 349. 
HIGH CRIMES—impeachment for, 4, 18, p. 85. 
conviction for, a disfranchisement, 20, 11, p. 348. 
HIGH SCHOOLS—may be established by legisla- 
ture, 9, 6, p. 195. 
HIGHWAYS—local and special legislation prohibi- 
ted, 4, 25, p. 99. 
HOMESTEAD—exemption from forced sale, 17, 1, 
p. 333. 
HOSPITALS—not under state control, appropria- 
tions prohibited, 4, 22, p. 88. 
HOUSES OF LEGISLATION—in certain cities, 11, 
Meeps awe 
HUSBAND AND WIFE—separate property to each 
secured, 20, 8, p. 347. 
HYPOTHECATION BY MINOR-—special legislation 
prohibited, 4, 25, p. 99. 


IDIOT—cannot be an elector, 2, 1, p. 54. 
exempt from poll tax, 18, 12, p. 320. 
IMMIGRATION OF CHINESE—to be discouraged, 
19, 4, p. 342. 
IMMUNITIES—of citizens, 1, 21, p. 51. 
to corporations, special legislation prohibited, 4, 
25, > Di 99. 


INDEX TO CONSTITUTION OF 1879. 591 


IMMUNITIES—soldiers not to be quartered on citi- 
zens, Art. 1, Sec. 12, p. 17. 
from being twice put in jeopardy, 1, 13, p. 17. 
from ioss or damage to property, 1, 14, p. 31. 
from imprisonment for debt, 1, 15, p. 41. 
pee eee of legislature from arrest, 4, 11, p. 
0. 
IMPAIRING—obligation of contract, laws _ prohibi- 
; ted, 1, 16, p. 41. 
IMPANELING JURIES—special and local acts pro- 
hibited, 4, 25, p. 99. 
Beno jury to be drawn at least once a year, 1, 
Y re0. 
IMPEACHMENT —assembly sole power of, 4, 17, p. 
84. 
trial by senate, 4, 17, p. 84. 
state officers subject to, 4, 18, p. 85. 
senate as court of, 6, 1, p. 187. 
lieutenant-governor, when to act as governor, 5, 


tomper 182, 
IMPOSTS—appellate jurisdiction of supreme court, 
6, 4, p. 144. 
original jurisdiction of superior court, 6, 5, p. 
154. 
IMPRISONMENT—for debt not allowed, except, 1, 
15, p. 41. 
of railroad official for excessive charges, 12, 22, 
p. 289. 


IMPROVEMENTS—of city streets, 11, 19, p. 265. 
INALIENABLE RIGHTS—1, 1, p. 2. 
INCOME TAXES—legislature may provide for, 13, 
11, p. 320. 
INCREASE IN PER DIEM AND MILEAGE OF 
LEGISLATORS PROHIBITED ~4, 23, p. 91. 
INDEBTEDNESS OF CORPORATIONS—special 
acts for relief prohibited, 4, 25, p. 99. 
of municipal corporations, provisions for pay- 
ment of, 11, 18, p. 259. 
when void, 11, 18, p. 259. 
of state, restriction on power of legislature, 16, 
1, p. 3380. 
INDICTMENT —offenses may be prosecuted by, 1, 8, 
p. 10. 


592 INDEX TO CONSTITUTION OF 1879. 


INDICTMENT —for libel, where to be tried, Art. 1, 
Sec. 9, p. 11. 
pending, unaffected by adoption of new constitu- 
tion, 22, 2p. POG. 
INDIGENT PERSONS—state care over, 4, 22, p. 88. 
INELIGIBILITY—to office of governor, 5, 12, p. 1381. 
of governor for United States senate, 5, 20, p. 
135; 
INFECTIOUS DISEASES—protection from, 19, 1; 
p. 340. 
INFERIOR COURTS—may be established by legis- 
lation, 6, 1, p. 1387. 
jurisdiction to be fixed by law, 6, 13, p. 180. 
powers, duties, and responsibilities, 6, 13, p. 480. 
INFORMATION—offenses may be prosecuted Dyssi;' <* 
SoD: al Or 
for libel, where to be tried, 1, 9, p. 11. 
pending. unaffected by adoption of new constitu- 
tion, 22, 2, p. 361. 
from state officers to executive department, 5, 6, 
pri 2G 
INHERITANCE-—rights of foreigners, 1, 17, p. 48. 
INJUNCTION—may be served on holidays and non- 
judicial days, 6, 5, p. 154. 
INJURY TO PROPERTY—compensation to be made, 
Pars Died: 
INSANE PERSONS—cannot be electors, 2, 1, p. 54. 
exempt from poll tax, 13, 12, p. 320. 
INSOLVENCY—appellate jurisdiction in supreme 
court, 6, 4, p. 144. 
original jurisdiction in superior courts, 6, 5, p. 
154. 
INSPECTION OFFICERS—to be appointed by mu- 
nicipalities, 11, 14, p. 258. 
INSTALLMENTS—payment of taxes in, 138, 7, p. 312. 
INSTITUTIONS NOT UNDER STATE CONTROL— 
appropriations prohibited, 4, 22, p. 88. 
INSTRUCTIONS—certain improper, 6, 19, p. 183. 
certain proper, 6, 19, p. 185. 
Ee Eee COR a Gna be validated by special 
acts, 4, 25, p. 99. 
INSURRECTIONS—power of governor to suppress, 
S, un Dabo 
authority to contract debts, 16, 1, p. 330. 


INDEX TO CONSTITUTION OF 1879. 593 


INTELLECTUAL IMPROVEMENT—to be encour- 
aged, Art. 9, See. 1, p. 192. 
INTEREST—to be regulated by general laws only, 


4, 25, p. 99. 
on state debt, provision to be made for, £6G,-1, 
p. 330. 


INTERPRETATION—of state constitution, p. vii. 
of terms in, p. vii. 
eee Pension of writ of habeas corpus, 1, 
7 


* power of governor to repel, 8, 1, p. 190. 
authority to contract debts, 16, 1, p. 330. 
INVOLUNTARY SERVITUDE PROHIBITED—1, 
18, p. 50. 
ISSUANCE—of corporation stock, 12, 11, p. 282. 
ITEMS—in general appropriation bill, 4, 29, p. 115. 


JEOPARDY—no person to be twice put in, 1, 13, p. 
17. 
JOINT-STOCK COMPANIES— included in term “‘cor- 
poration,” 12, 4, p. 279. 
liability of stockholders, 12, 3, p. 274. 
may be assessed for income taxes, 13, 11, p. 320. 
JOINT AND SEVERAL—liability of stockholders, 12, 
oe. 2tA. 
JOURNAL—each house to keep, 4, 10, p. 79. 
ayes and noes on final passage of bills, 4, 15, p. 
81. 
disapproval of governor to be entered on, 4, 16, 
p. 82. 
votes on elections to be entered on, 4, 28, p. 115. 
ayes and noes on removal of justices, etc., to be 
entered, 6, 10, p. 175. 
on proposed amendments to be entered, 18, 1, p. 


337. 
JUDGES—of superior court subject to impeachment, 
4, 18, p. 115. 


to be elected for each superior court, 6, 6, p. 170. 

may apportion business among themselves, 6, 7, 
p. 178. : 

may hold court in any county, 6, 8, p. 174. 

pro tempore, when may try case, 6, 8, p. 174. 

legislature may grant leave of absence, 6, 9, p. 
174. 


594 INDEX TO CONSTITUTION OF 1879. 


JUDGES—number of may be increased, Art. 6, See. 
2, De hid. 
may be removed by legislature, 6, 10, p. 175. 
cause to be entered on journal, 6, 10, p. 175. 
of inferior courts, powers, duties, and responsi- 
bilities, 6, 138, p. 180. 
not to receive fees or perquisites, 6, 15, p. 181. 
compensation of, 6, 17, p. 182. 
ineligible to other office during term, 6, 18, p. 183. 
not to charge juries as to matters of fact, 6, 19, 
p. 183. . 
prohibited from practicing law, 6, 22, p. 186. 
who ineligible to office of, 6, 23, p. 186. 
affidavits on drawing salary, 6, 24, p. 187. 
JUDGMENT—on impeachment, extent of, 4, 18, ». 
SD. 
not to bar trial according to law, 4, 18, p. 85. 
concurrence of supreme justices necessary, 6, 2, 
p: 1359; 
vacated by order for rehearing in bank, 6, 2, p. 
139. 
when final, 6, 2, p. 1389. 
concurrence of four justices, when necessary, 6, 
ZEDueboul 
all decisions to be in writing, 6, 2,'p. 139. 
of superior court, effect of, 6, 6, p. 170. 
JUDICIAL—a department of government, 3, 1, p. 61. 
powers, where vested, 6, 1, p. 187. 
supreme court, organization of, 6, 2, p. 139. 
election of justices, 6, 3, p. 1438. 
jurisdiction of supreme court, 6, 4, p. 144. 
jurisdiction of superior court, 6, 5, p. 154. 
superior court, how constituted, 6, 6, p. 170. . 
apportionment of business among judges, 6, 7, 


Dp. 173, 

judges may hold court in other county, 6, 8, p. 
174. 

legislature may grant leave of absence, 6, 9, p. 
174. 


“may be removed from office, 6, 10, p. 175. 

justices of the peace for cities and townships, 6, 
2, p. 189. 

what are courts of record, 6, 12; p. 180. 

jurisdiction of inferior courts, 6,°13, p. 180. 


INDEX TO CONSTITUTION OF 1879. 595 


JUDICIAL—clerks and court commissioners, Art. 6, 
Sec. 14, p. 181. 
fees and perquisites, to whom forbidden, 6, 15, 
Dp. 181. 
supreme court opinions to be published, 6, 16, p. 
182. 
compensation of justices and judges, 6, 17, p. 182. 
justices and judges ineligible to other office, 6, 
18, p. 183. 
judges not to charge jury on matters of fact, 6, 
19, p. 183. 
style of process, 6, 20, p. 185. 
reporter of supreme court to be appointed, 6, 21, 
p. 186. 
judges not to practice law, 6, 22, p. 186. 
eligibility of justices and judges, 6, 23, p. 186. 
condition precedent. to drawing salary, 6, 24, p. 
187. 
JUDICIAL DECISIONS—publication of, 6, 16, p. 182. 
JUDICIAL NOTICE—to be taken of corporation 
charters, 11, 8, p. 227. 
JUDICIAL OFFICER—absence, when a forfeiture 
of office, 6, .9, p. 174. 
removal of, 6, 10, p. 175. 
prohibited from receiving fees and perquisites, 
G10; Pp. 181. 
oath to be taken by, 20, 3, p. 345. 
JUDICIAL POWER—where vested, 6, 1, p. 137. 
of railroad commissioners, 12, 22, p. 289. 
JUDICIAL PROCHEDINGS—to be published in 
English only, 4, 24, p. 92. 
JURIES—local and special legislation prohibited, 4, 


25;).D:° 99. 
not to be charged as to matters of fact, 6, 19, p. 
183. 


JURISDICTION—of inferior courts, local and special 
acts prohibited, 4, 25, p. 99. 
of supreme court, 6, 4, p. 144. 
of superior court, 6, 5, p. 154. 
of justices’ courts, 6, 11, p. 175. 
of courts under new constitution in cases trans- 
ferred, 22, 3, p. 361. 
JUROR—no religious restriction, 1, 4, p. 6. 
exclusion, for bribery, forgery, etc., 20, 11, p. 
348. 


586 INDEX TO CONSTITUTION OF 1879. 


JURY—in civil cases and misdemeanors number may 
be agreed on, Art. 1, See. 7, p. 8. 
right of trial by, secured, 1, 7, p. 8. 
trial by, may be waived by consent, 1, 7%, p. 8. 
three-fourths may render verdict, 1, 7, p. 8. 
to determine law and fact in libel cases, 1, 9, p. 


ile 

to ascertain compensation on condemnation, 1, 
140 De ols 

not to be charged as to matters of fact, 6, 19, p. 
183. 


See Trial by Jury. 
JUSTICES OF THE PEACE—local and special leg- 
islation prohibited, 4, 25, p. 99. 
invested with judicial powers, 6, 1, p. 137. 
number to be fixed by legislature, 6, 11, p. 175. 
concurrent jurisdiction in forcible entry and de- 
tainer, 6, 11, p. 175. 
and in foreclosure of liens in certain cases, 6, 11, 
p. 175 
allowed ‘fees and perquisites, 6, 15, p. 181. 
courts not abolished by new constitution, 22, 3, 
p. 361. 
JUSTICES OF SUPREME COURT —powers and 
duties of, 6, 2, p. 1389. 
election of, 6, 3, p. 148. 
authority to issue writs, 6, 4, p. 144. 
removal from office, 6, 10, p. 175. 
compensation of, 6, 17, p. 182. 
ineligible to other office during term, 6, 18, p. 
183. 
to appoint reporter, 6, 21, p. 186. 
not to practice law, 6, 22, p. 186. 
who not eligible to office of, 6, 23, p. 186. 
attidavit to be taken on drawing salary, 6, 24, p. 
187. 
JUSTICES AND JUDGES—may be removed by con- 
current resolution, 6, 10, p. 175. 
causes of removal to be entered on journal, 6, 10, 
Dit: 
ayes and noes to be entered, 6, 10, p. 175. 
ineligible to other office, 6, 18, p. 183. 
who eligible to office of, 6, 23, p. 186. 
compensation of, 6, 17, p. 182. 
not to draw salary, unless, ete., 6, 24, p. 187. 


INDEX TO CONSTITUTION OF 1879. 597 


LABOR—liens secured on property, Art. 20, Sec. 15, 
p. 349. 
eight hours to constitute a day’s work on public 
Works. 20, 17, p.- aoc. 
LAND AND HOMESTEAD EHXEMPTION—I17, 1, p. 
LAND MONOPOLY TO BE DISCOURAGED—17, 2, 
p. 334. 
LANDS—to be assessed separate from improve.-. 
ments, 13, 2, p. 308. 
of same quality and similarly situated to be as- 
sessed at same value, 18, 2, p. 308. 
sectionized, how assessed, 13, 3, p. 308. 
not sectionized, legislature to provide for, 13, 3, 
p. 308. 
fronting on harbor, estuary, bay, etc., withheld 
from sale, 15, 3, p. 328. 
holding large oe uncultivated is against pub- 
lic policy, 17, 2, p. 334. 
belonging to state to be granted to actual set- 
tlers only, 17, 3, p. 334: 
LANGUAGE—laws, official writings, ete., to be pre- 
served and published in English only, 4, 24, p. 
92. 
LAWS—to have uniform operation, 1, 11, p. 138. 
bills of attainder and ex post facto laws prohibi- 
ted?) 1,-16;. pr 41. 
or law impairing obligations of contract, 1, 16, 
p. 41. 
enacting clause, 4, 1, p. 67. 
to be passed by Dill only, 4, 15, p. 81. 
a majority of members necessary to pass, 4, 15, 


DaAsic! .> 
must be presented to governor for approval, 4, 
16, p. 82. 


how passed over governor’s veto, 4, 16, p. 82. 

how become laws without approval, 4, 16, p. 82. 

to be accompanied by statement of. receipts and 
expenditures, 4, 22, p. 88. 

governor to see them faithfully executed, 5, 
p. 126. 

to embrace but one object, etc., 4, 24, p. 92. 

how revised and amended, 4, 24, p. 92. 

to be published in English only, 4, 24, p. 92. 


598 INDEX TO CONSTITUTION OF 1879. 


LAW S—local and special acts on enumerated subjects 
prohibited, Art. 4, Sec. 25, p. 99. 
creating municipal corporations may be altered 
or repealed, 11, 6, p. 218. 
existing what to remain in force, 22, 1, p. 357. 
relating to judicial system in force till changed 
by legislature, 22, 1, p. 357. 
LEASE OF FRANCHISE—not to relieve from lia- 
bility, 12, 10, p. 282. 
LEAVE OF ABSENCHE—to judicial ‘officers, Ge: OUFD: 
174. 
LEGAL DAY’S WORK—20, 17, p. 352. 
LEGAL HOLIDAYS—certain writs may be served 
on, 6, 5, p. 154. 
LEGALIZING OFFICIAL ACTS—by special laws 
prohibited, 4, 25, p. 99. 
LEGISLATURE—to provide for taking depositions, 
Briss pALlG 
power to revoke special privileges and immuni- 
ties, 1, 21, p. 51. 
a department of government, 3, 1, p. 61. 
of what composed, 4, 1, p. 67. 
power vesied in senate and assembly, 4, 1, p. 67. 
limitation of time for introduction of bills, 4, 2, 
Dia 
sessions to be biennial, 4, 2, p. 73. 
members, when and how elected, 4, 3, p. 73. 
term of office, 4, 4, p. 74. 
senators, when and how chosen, 4, 4, p. 74. 
senate, of what composed, 4, 5, p. 74. 
number of senators and of representatives, 4, 5, 
p. 74. 
senatorial and assembly districts, 4, 6, p. 75. 
each house to choose its officers, 4, 7, p. 77. 
and judge of election of its members, 4, 7, p. 77. 
majority to constitute a quorum, 4, 8, p. 78. 
each house to determine rules of proceedings, 4, 
oy p19. 
two-thirds required to expel a member, 4, 9, p. 
(9. 
to keep and publish a journal, 4, 10, p. 79. 
members to be privileged from arrest, 4, 11, ‘p. 
80. 


INDEX TO CONSTITUTION OF 1879. 599 


LEGISLATURE—vacancies, how filled, Art. 4, Sec. 

12, p. 80. 

sessions to be open, 4, 18, p. 81. 

adjournments, restriction on powers, 4, 14, p. 81. 

laws, how passed, 4, 15, p. 81. 

impeachment and trial by, 4, 17, p. 84. 

disqualification of member to hold certain offi- 
ces, 4, 19, p. 86. 

what officers not eligible to membership, 4, 20, 
p. 87. 

to provide punishment of embezzlement and de- 
faleation, 4, 21, p. 88. 

to whai institutions aid may be granted, 4, 22, 
p. 88. 

moneys, how drawn from treasury, 4, 22, p. 88. 

per diem and mileage to members, 4, 23, p. 91. 

acts to elnbrace but one subject, 4, 24, p. 92. 

proceedings to be published in English only, 4, 
24, p. 92. 

local or special laws not to be passed, 4, 25, p. 
99. 

ho power to authorize lotteries or gift enter- 
prises, 4, 26, p. 112. 

vote on elections to be viva voce, 4, 28, p. 115. 

general appropriation bill, what to contain, 4, 29, 
at as 

appropriations not to be made for sectarian pur- 
poses, 4, 30, p. 116. 

credit of state or subdivisions of state not to be 
given or lent, 4, 31, p. 116. 

extra compensation for past services prohibited, 


4, 32, p. 119. 

to regulate telegraph and gas companies, 4, 33, 
pet: 

‘to regulate storage and wharfage charges, 4, 33, 
p: 121. 

special appropriation bills, what to contain, 4, 
Bt, p. 121: 

lobbying prohibited, declared a felony, 4, 35, p. 
122; 


when to choose governor, 5, 4, p. 125. 

when governor may convene by proclamation, 5, 
9, p. 180. 

power when so convened, 5, 9, p. 130. 


600 


INDEX TO CONSTITUTION OF 1879. 


LEGISLATURE—adjournment by governor, Art. 5, 


Sec. 11, p. 1380. 

secretary of state to keep records of, 5, 18, p. 
134. 

may abolish office of surveyor general, 5, 19, p. 
134. 

power to fix compensation of state officers, 5, 19, 
p. 1384. 

may establish inferior courts, 6, 1, p. 187. 

cannot grant leave of absence to judicial officer, 
6, 9, p. 174. 

may increase or diminish number of judges, 6, 
Op, AT, 

may remove justice or judge, 6, 10, p. 175. 

two-thirds vote required, 6, 10, p. 175. 

to determine number of justices of the peace, 6, 
Pil apsut ae 

may: prescribe other courts as courts of record, 
6, 12, p. 180. 

may fix jurisdiction of inferior courts, 6, 138, p, 
180. 

to provide for election of supreme court clerk, 6, 
14°. 51s 

and fix duties and compensation, 6, 14, p. 181. 

may provide for appointment of court commis- 
‘sioners, 6, 14, p. 181. 

to provide for publishing opinions of supreme 
COULE,. Ga lb.e DeLee 


‘authority on cope for treason, 7, 1, p. 188. 


restriction on power, 7,°1, 188. 

to provide for ore ae and disciplining mil- 
aide S015 p. 100. 

to encourage diffusion of knowledge and intel- 
ligence, 9, 1, p. 192. 

may authorize counties to unite in election of 
school superintendent, 9, 3, p. 198. 

to provide system of common schools, 9, 5, p. 
194. 

may establish high schools, normal schools, etc., 
OF OD. oo: 

duty as to university funds, 9, 9, p. 199. 

to classify board of prison dineekgas 10, 1, p. 204. 

and prescribe their duties, 10, 2, p. 205. 

to regulate reformatory institutions, 10, 2, p. 205. 


INDEX TO CONSTITUTION OF 1879. 601 


LEGISLATURE—to direct auditing expenses of 

board, Art. 10, See. 4, p. 205. 

to pass laws regulating their powers, 10, 5, p. 
206. 

to define powers and duties of clerk of state pris- 
Ben, D, ps 206. 

to provide for convict labor, 10, 6, p. 206. 

to establish system of county governments, 41, 4, 
p. 211. . 

to provide for election of county officers under 
general laws, 11, 5, p. 213. 

and township and municipal officers, 11, 5, p. 218. 

to prescribe their duties and term of office, 11, 
5, p. 213. 

and for their strict accountability, 11, 5, p. 218. 

may levy taxes on municipal corporations, 11, 12, 
p. 252. 

cannot delegate power to commissions, corpora- . 
Aponte, euc., 11,13, p. 286. 

to provide for punishment for use of public funds, 
feist De 2. 

cannot grant charter for banking, 12, 5, p. 280. 

not to extend franchise or remit forfeiture, 12, 
7, p. 280. 

not to relieve corporation from liability, 12, 10, 
p. 282. 

vested with power to regulate fares and freights, 
12, 20, p. 288. 

may prescribe penalty for extra charges, 12, 22, 
Dp. 289. 

may remove railroad commissioner, 12, 22, p. 289. 

may fiil vacancy in commission, 12, 22, p. 289. 

may enforce forfeiture of charter for excessive 
charges of fares and freights, 12, 23, p. 298. 

to pass laws to enforce provisions concerning 
corporations, 12, 24, p. 293. 

may provide for deduction of debts on assess- 
ment, 13, 1, p. 294. ; 

to provide for assessment of lands in small tracts, 
13, 3, p. 308. 

not to surrender power of taxation, 13, 6, p. 312. 

may provide for payment by installments, 13, 6, 
Dr. SL2. . 

Constitution—51 


¢ 


602 INDEX TO CONSTITUTION OF 1879. 


LEGISLATURE—may require annual statement un- 

der oath, Art. 13, Sec. 6, p. 312. 

may provide for income taxes, 13, 11, D. 320. 

may provide for a poll tax, 18, 12, p. 320. 

to carry out taxation provisions, 13, 13, p. 320. 

to fix penalty for failure to fix water rates, 14, 
1 pr-oek. 

‘to regulate sale and rent of water, 14, 1, p. 321. 

to provide against obstructions to navigation, 15, 
2, p. 328. 

restriction on power to create debt, 16, 1, p. 330. 

to protect homesteads, 17, 1, p. 333. 

to discourage land monopoly, 17, 2, p. 334. 

to regulate grants of state lands, 17, 3, p. 334. 

to protect from alien paupers, etc., 19, 1, p. 340. 

to provide for their removal, 19, 1, p. 340. 

to pass police regulations, 19, 1, p. 340. 

to enforce provisions against Chinese, 19, 2, p. 
341. 

to discourage immigration of certain foreigners, 
19, 4, p. 342. 

to enforce removal of Chinese, 19, 4, p. 342. 

to prescribe penalties for introduction of coolies, 
19, 4, p. 342. 

to delegate power to remove Chinese, 19, 4, p. 
342. 

legislators to take and subscribe oath, 20, 3, p. 
345. 

to direct appointment or election of certain of- 
ficers, 20, 4, p. 346. 

to direct bringing suits against state, 20, 6, p. 
847. 

to regulate elections by general laws, 20, 11, p. 
348. 

to provide for institution of state board of 
health, 20, 14, p. 349. 

to provide for enforcement of liens of mechanics, 
ete., 20, 15, p. 349. 

may provide for expenses of convention, 20, 19, 
p. 353. 

LEGISLATIVE ACT—to embrace but one subject, 4, 
24, p. 92: 
See Legislature; Laws. 


9 


INDEX TO CONSTITUTION OF 1879. 603 


LEGISLATIVE COMMITTHE—right to _ inspect 
books of corporation, Art. 12, Sec. 14, p. 384. 
LEGISLATIVE DEPARTMENT—3, 1, p. 61. 
power vested in, 4, 1, p. 67. 
records to be kept by secretary of state, 5,. 19, p. 
134. 
See Legislature. 
LEGISLATIVE GRANTS—power of taxation cannot 
be surrendered in, 13, 6, p. 312. 
LEGISLATIVE POWER —exercise of, p. 68. 
delegation of, p. 69. 
See Legislature. 
LEGISLATIVE PROCEEDINGS—on proposed 
amendments, 18, 1, p. 337 
on proceedings to revise, 18, 2, p. 338. 
to be published in English only, 4, 24, p. 92. 
LEGITIMATION OF CHILDREN-—special legisla- 
tion prohibited, 4, 25, p. 99. 
LELAND STANFORD JUNIOR UNIVERSITY— 
property of exempt from taxation, 9, 10, p. 201. 
trusts for confirmed, 9, 10, p. 201. 
LIABILITY—not to be released by special legisla- 
tion, 4, 25, p. 99. 
of stockholders of corporations, 12, 3, p. 274. 
of franchise not to be released, 12, 10, p. 282. 
of corporation, where may be sued, 12, 16, p. 285. 
LIBEL—criminal prosecutions for, 1, 9, p. 11. 
places of trial, 1, 9, p. 11. 
evidence in cases of, 1, 9, p. 11. 
jury to judge of law and fact, 1, 9, p. 11. 
LIBERTY OF CONSCIENCE SECURED—1, 4, p. 6. 
licentiousness not excused, 1, 4, p. 6. 
LIBERTY AND PROPERTY—protection of, 1, 18, 
TRYAT. 
LIBERTY OF SPEECH—not to be restrained, 1, 9, 
wm 21. 
LICE NSE—cannot be granted by special legislation, 
4,.25; p. 99. 
LICENSE REGULATIONS—pp. 250, 254. 
LICK SCHOOL—See California School of Mechanical 
Arts. 
LIENS—cannot be created by special legislation, 4, 
25, ‘p."'99% 
on property, created by taxation, 13, 4, p. 308. 


604 INDEX TO CONSTITUTION OF 1879. 


LIENS—jurisdiction of superior courts, Art. 6, Sec. 
5, p. 154. 
jurisdiction of justices of the peace, 6, 2, p. 1389. 
of mechanics, materialmen, etc., 20, 15, p. 349. 
LIEUTENANT-GOVERNOR—liable to impeachment, 
4, 18, p. 85. 
when and how to be elected, 5, 15, p. 131. 
term of ofiice, 5, 15, p. 131. 
to be president of the Senate, 5, 15, p. 131. 
disqualification for other office, 5, 15, p. 131. 
when to act as governor, 5, 16, p. 182. 
compensation of, 5, 19, p. 184. 
LIFE, LIBERTY, AND PROPERTY—inalienable 
rights,.1)51, Ac: 
not to ie deprived of without due process of law, 
LS aL 
LIMITATION OF ACTIONS—special legislation pro- 
hibited, 4, 25, p. 99. 
LOBBYING—a felony, 4, 35, p. 122 
what constitutes, 4, 35, p. 122. 
LOCAL LEGISLATION—on certain matters, pro- 
hibited, 4, 25, p. 99. 
in all cases where general laws may be made ap- 
plicable, 4, 25, p. 99. 
LOCAL OPTION LAWS—p. 69. 
LOCAL POLICE AND SANITARY LAWS—counties 
and cities to enact, 11, 11, p. 242. 
LOS ANGELES—two superior judges for, 6, 6, p. 
170. 
salary of superior judge, 6, 17, p. 182. 
LOTTERI£S—prohibited, 4, 26, p. 112. 
LUCRATIVE OF FICE—defined, 4, 20, p. S87. 


MAJORITY—special statute cannot declare person of 
age, 4, 25, p. 99. 
of legislature to constitute a quorum, 4, 8, p. 78. 
necessary to pass a bill, 4, 15, p. 81. 
MALFEASANCE IN OFFICH—conviction for, a dis- 
franchisement, 20, 11, p. 348. 
excludes from office, juries, ete., 20, 11, p. 348. 
MANAGERS—of corporations, how elected, 12, 12, p. 
283. 
MANDAMUS—supreme court may issue, 6, 4, p. 144. 
original jurisdiction in superior court, 6, 5, p. 154. 


INDEX TO CONSTITUTION OF 1879. . 605 


MANDATORY—character of provisions in new con- 
stitution, Art. 1, Sec. 22, p. 52. 
MANUFACTURING SOCIETY—manner of electing 
officers, 12, 11, p. 282. 
MARGIN CONTRACTS—for stock, void, 4, 26, p. 112. 
MARRIAGE—conformity to religious forms not re- 
quired, 20, 7, p. 347. 
Separate property of husband and wife, 20, 8, p. 
347 
original jurisdiction in annulment of, 6, 5, p. 154. 
MATERIALMEN—secured by lien on property, 20, 
15, p. 349. 


. MAYOR—to fill vacancy in board of supervisors, 11, 


fee. 225. 
to certify copy of city charter, 11, 8, p. 227. 
MECHANIC ARTS—to be supported, etc., 9, 9, p. 


199. 
MECHANICS—-secured by lien on property, 20, 15, p. 
349. 
legislature to provide for enforcement of, 20, 15, 
p. 349. 


MEMBERS OF LEGISLATURE —limitation of pay 
Dies iy Da /toe 
to be privileged from arrest, 4, 11, p. 80. 
for what offices disqualified 4, 19, p. 86. 
restriction as to power to adjourn, 4, 14, p. 81. 
to vote viva voce, 4, 28, p. 115. 
MEMBERS OF ASSEMBLY—when and how elected, 
Baa bey Dav? hows 
term of office, 4, 3, p. 73. 
qualifications of, 4, 4, p. 74. 
how and when elected, 4, 5, p. 75. 
to be privileged from arrest, 4, 11, p. 80. 
for what offices disqualified, 4, 19, p. SG. 
per diem and mileage, 4, 23, p. 91. 
influenced by promise of reward guilty of fel- 
ony, 4, 35, p. 122. 
not to receive free pass on railroad, 12, 19, p. 288. 
to take and subscribe oath, 20, 3, p. 345. 
MERCANTILE SOCIETIES—manner of electing of- 
ficers, 12, 11,.-p. 282. 
MESSAGE—of governor to legislature, 5, 10, p. 130. 
MILEAGE—to members of legislature, 4, 28, p. 91. 


606 INDEX TO CONSTITUTION OF 1875S. 


MILITARY—subordinate to civil power, Art. 1, Sec. 
Te) ed ve , 
standing army not to be kept in time of peace, 
BPS: Sis 
See Militia. 

MILITIA—no imprisonment for fines, 1, 15, p. 41. 
organization and discipline of, 8, 1, p. 1990. 
restriction as to carrying banners or flags, 8, 2, 

p. 191: 
officer, when not eligible to civil office, 4, 20, p. 
S87. 
governor to be commander-in-chief, 5, 5, p. 126. 
to sign and seal commissions, 5, 14, p. 181. 
power of governor to call out, 8, 1, p. 190. 
governor to remain in command of, 5, 16, p. 182. 
exemption of electors from duty in, 2, 3, p. 59. 
MINORS—cannot be affected by special statute, 4, 
25, p. +99: 
as to property of, 4, 25, p. 99. 
MISAPPROPRIATION—of public moneys, to dis- 
franchise, 2, 1, p. 54. 
MISCELLANEOUS SUBJECTS—20, 1, p. 348. 
MISDEMEANOR-—in office, provisions to be made for 
punishment of, 4, 18, p. 85. 
local and special legislation prohibited, 4, 25, p. 


99. 
original jurisdiction in superior courts, 6, 5, p. 
154. 
MONEY—how and when drawn from treasury, 4, 22, 
p. 88. 
in treasury cannot be refunded under special act, 
4, 25, p.’' 99. 


paid on stock bought on margin recoverable 
back, 4, 26, p. 112. 

in hands of municipal officers to be paid into 
treasury, 11, 16, p. 258. 

officers using or making profit guilty of a felony, 
Lae at,” pr 250: 

corporation can issue nothing but lawful money 
of United States, 12, 5, p. 280. 

liable to taxation, 13, 1, p. 294. 

to be applied to payment of state debt, 16, 1, p. 
330. 

MONGOLIANS—See Chinese. 


INDEX TO CONSTITUTION OF 1879. ‘607 


MORTGAGES—taxation of, Art. 18, Sec. 4, p. 308. 
how taxed, 13, 4, p. 308. 
contract of debter to pay tax void, 13, 5. p. 311. 
MUNICIPAL AFFAIRS—what are, 11, 6, p. 218. 
MUNICIPAL CORPORATION—prohibited from aid- 
ing sect or creed, 4, 30, p. 116. 
prohibited from loaning or giving its credit, 4, 
ry Oy tae de 
shall not be created by special acts, 11, 6, p. 218. 
to be organized and classified by general laws, 
Li6,op. 218. 
and subject to control of general laws, 11, 6, p. 
218. 
charter of city, how obtained, 11, 8, p. 227. 
not to be relieved from proper share of taxes, 
11, 10,:p. 241. 
power to assess and levy taxes, 11, 12, p. 252. 
authority as to improvements, 11, 13, p. 256. 
authority to appoint inspection officers, 11, 14, p. 


258. 

private property not to be taken for debts of, 11, 
15, p. 258. 

moneys to be deposited with treasurer, 11, 16, p. 
258. 


use of same by official a felony, 11, 17, p. 259. 
property of exempt from taxation, 13, 1, p. 294. 
prohibited from employing Chinese, 19, 3, p. 241. 
ee eon DEBTS—liability of new counties, 11, 
p. 208. 
naivate property not to be taken for, 11, 15, p. 
258. 
restriction on power to incur, 11, 18, p. 259. 
MUNICIPAL FINE—appellate jurisdiction of su- 
preme court, 6, 4, p. 144. 
original jurisdiction of superior court, 6, 5, p. 154. 
MUNICIPAL OFFICERS—election or appointment 
ord; 6, ps 218. 
compensation not to be increased during term, 11, 
9, p. 240. 
term not to be extended, 11, 9, p. 240. 
to pay moneys into the treasury, 11, 16, p. 258. 
MUNICIPAL TAX ES—power delegated to municipal 
ity; 11, 12, p. 252. 


. 


608 INDEX TO CONSTITUTION OF 1879. 


NAMES—change of, special legislation prohibited, 
Art. 4, See. 25, p. 99. 
NATURALIZATION—power of superior court, 6, 5, 
p. 154. 
NAVIGABLE WATERS—harbor frontages as, 15, 1, 
p. 328. 
to be protected, 15, 1, p. 328. 
NAVIGATION—freedom of to be secured, 15, 2, p. 
328. 
NEGLECT—of supervisors to fix water rates, penalty 
for, 14, 1, p. 321. 
rights of parties interested, 14, 1, p. 321. 
NEVADA—salary of superior judge, 6, 17, p. 182. 
NEW COUNTIES—trestrictions on formation of, 11, 3, 
p. 208: «~ 
NONJUDICIAL DAYS—certain writs served on, 6, 
5, pA: . 
NORMAL SCHOOL—may be established by legisla- 
ture, 9,°6, p. 195. 
NOTICHE—of meeting for increase of corporate stock, 
12AAd pws. 
NUISANCES — appellate jurisdiction of supreme 
eourt, 6, 4, p. 144. 
original jurisdiction of superior court, 6, 5, p. 154. 


OATH OR AFFIDAVIT—to sustain issue of war- 
rants, 1, 19, p. 50. 
of senators on trial by impeachment, 4, 17, p. 84. 
to be taken by justices and judges on drawing 
salary, 6, 24, p. 187. 
form of oath of office, 20, 3, p. 345. 
OATH OF OFFICH-—member of legislature to take, 
20, 8, p. 845. 
form of oath of office, 20, 3, p. 345. 
executive and judicial officers to take, 20, 3, p. 
345. 
OBLIGATIONS—of contract not to be impaired, 1, 
16, p. 41. 
existing, unaffected by adoption of new constitu- 
tion, 22, 2,’ p. 361. 
OFFENSES—to be prosecuted by indictment or in- 
formation, 1, 8, p. 10. 
no person to be put twice in jeopardy, 1, 3, p. 5. 
right of trial by jury secured, 1, 7, p. 8. 


INDEX TO CONSTITUTION OF 1879. 609 


OFFENSES—impeachment, of officer for, Art. 4, Sec. 


18, p. 85. 
power of governor to grant pardon for, 7, 1, p. 
188. 
OFFICES—property qualification not necessary, 1, 
24, p. 53. 


disqualification in certain cases, 4, 19, p. 86. 

who ineligible for, 4, 20, p. 87. 

embezzlement and defalcation to disqualify for, 
4, 21, p. 88. 

cannot be created by special legislation, 4, 25, p. 
99. 

vacancy, when filled by governor, 5, 8, p. 126. 

to be maintained by corporation, 12, 14, p. 284. 

forfeiture for acceptance of free passes, 12, 19, p. 
288. 

oath of office, form of, 20, 3, p. 345. 

no declaration or test required, 20, 3, p. 345. 

created by law, how filled, 20, 4, p. 346. 

offering bribe to procure election a disqualifica- 
tion, 20, 10, p. 348. 

exclusion from for bribery, forgery, etc., 20, 11, 
p. 348. 

term of when not herein declared, 20, 16, p. 350. 

terms of, when to commence, 20, 20, p. 353. 

hereafter created to be subject to legislative di- 
rection, 20, 4, p. 346. 

OFFICH OF CORPORATION—to be maintained in 
state, 12, 14, p. 284. 
OFFICER—fees and salaries, special legislation pro- 

hibited, 4, 25, p. 99. 

not to be allowed extra compensation, 4, 32, p. 
119. 

to regulate rates of charges of corporations, 4, 
SopeDindkel. 

-who impeachable, 4. 18, p. 85. 

of departments to furnish information to execu- 
tive, 5, 6, p. 126. 

of United States not eligible for governor, 5, 12, 


De 431. 
of militia elected and appointed pursuant to law, 
Se, D. 190. 


to be commissioned by governor, 8, 1, p. 190. 


610 INDEX TO CONSTITUTION OF 1879. 


OFFICER—of city, county, or town, term of office 
and compensation, Art. 11, Sec. 9, p. 240. 
using or making profit out of public money a 
felony, 11, 17, p. 259. — 
of corporation, residence to be entered in books, 
12, 14, p. 284. 
not to be interested in furnishing supplies, etc., 
12; 18) p23 287; 
of state, acceptance of free passes a forfeiture 
of office, 12, 19, p. 288. 
of corporation, fined and imprisoned for extor- 
tion 12, 22," 9.289: 
executive and judicial, to take oath of office, 20, 
3, p. 345. . 
for offices hereafter created to be elected or ap- 
pointed, 20, 4, p. 346. 
when to hold office at pleasure of appointing 
power, 20, 16, p. 350. 
term not to exceed four years, 20, 16, p. 350. 
term of, when to commence, 20, 20, p. 353. 
term of at first election, 22, 10, p. 366. 
OFFICIAL ACTS—cannot be validated by special 
acts, 4, 25, p. 99. 
record to be kept, 5, 18, p. 134. 
OFFICIAL OATH—20, 8, p. 345. 
OPINIONS OF SUPREME COURT —to be published 
6, 16, p. 182. 
free for publication by anyone, 6, 16, p. 182. 
ORDINANCE—to fix water rates, 14, 1, p. 321. 
ORGANIZATION—of supreme court, 6, 2, p. 139. 
of superior court, 6, 6, p. 170. 
of municipal corporations, 11, 6, p. 218. 
ORIGINAL JURISDICTION—of superior court, 6, 5, 
p- 154. 
ORPHANS—State may provide for support of, 4, 
Sot oee 


PARDON--power of governor to grant, 7, 1, p. 188. 
restriction on power, 7, 1, p. 188. 
PARKS—special legislation prohibited, 4; 25, p. 99. 
PARTIES—corporations may sue and be sued, 12, 4, 
p. 279. 
PAUPEHRS—exemption from poll taxes, 13, 12, p. 320. 


INDEX TO CONSTITUTION OF ‘*1879. 611 


PASSAGE OF BILLS—mode of, Art. 4, Sec..15, p. 81. 
when bill becomes a law, 4, 16, p. 82. 
PAYMENT OF TAX—by installments, 138, 7, p. 312. 
PEACE AND SAFETY—to be secured, 1, 4, p. 6. 
PENALTIES—cannot be remitted by special legisla- 
tion, 4, 25, p.. 99. 
for absence of member of legislature, 4, 8, Bc: 
on transportation companies for excessive 
: charges, 12, 22, p. 289. 
legislature may prescribe additional, Lage AD. 
289. 
of supervisors for neglect to fix water rates, 14, 
Died pel. 
for unduly influencing elections, 20, 11, p. 348. 
PHOPLE—political power inherent in, 1, 2, p. 5. 
right of free assemblage and petition, 1, 10, p. 12. 
right of security from searches and seizures, 1, 19, 
p. 50. 
rights not impaired by enumeration in constitu- 
tion, 1, 23, .p. 53: 
style of process in name of, 6, 20, p. 185, 
PER DIEM—of legislators, 4, 28, p. 91. 
of lieutenant-governor, 5, 19, p. 124. 
of delegates, legislature may provide for, 20, 19, 
p. 353. 
PERJURY—disqualification on conviction for, 4, 19, 
p. 86. 
to exclude from office, jury, and right of suffrage, 
20; Stipe 348. 
PEHRPETUITIES—prohibited, except for certain pur- 
poses, 20, 9, p. 348. 
PERSONAL AND PROPERTY RIGHTS—security 
OL seis, pe 17: 
PHTITION—right of secured, 1, 10, p. 12. 
PLACE OF TRIAL—in libel cases, 1, 9, p. 11. 
may be changed, 1, 9, p. 11. 
of real actions, 6, 5, p. 154. 
in suits affecting corporations, 12, 16, p. 285. 
PLACES OF VOTING—to be fixed by general laws, 
except, 4, 25, p. 99. 
PLURALITY VOTE—constitutes a choice, 20, 13, p. 
349. 
POLICE COURTS—not abolished by new constitu- 
tion, 22, 3, p. 361. 


612 ‘INDEX TO CONSTITUTION OF 1879. 


POLICE JUDGES—local and special legislation pro- 
hibited, Art. 4, Sec. 25, p. 99. 
POLICE LAWS—legislature to pass, 19, 1, p. 340. 
POLICE POWERS—of state, p. 71. 
corporations subject to exercise of, 12, 8, p. 281. 
POLICE REGULATIONS—county, city, or town, 
may enforce, 11, 11, p. 242. 
POLITICAL CORPORATION—prohibited to give or 
lend credit, 4, 31, p. 116. 
POLITICAL SUBDIVISION—not to subscribe to cor- 
poration stock, 4, 31, p. 116. 
POLITICAL POWERS—inherent in people, 1, 2, p. 5. 
POLL TAXES—legislature may provide for, 13, 12, 
p. 320. 
to be paid into school fund, 13, 12, p. 320. 
POPULAR ASSEMBLIES—rights of citizens, 1, 10, 


Dee 

POSSESSION OF PROPERTY-—trights of foreigners, 
Tt) Lites 

POSTMASTER—when may hold civil office, 4, 20, p. 
87. 

POWERS OF GOVERNMENT —how distributed, 3, 
Thee REDE 


legislative, where vested, 4, 1, p. 67. 
executive, where vested, 5, 1, p. 124. 
judicial, where vested, 6, 1, p. 1387. 
pardoning power, 7, 1, p. 188. 
militia, 8, 1, p. 190. 
municinal corporations, 11, 16, p. 258. 
POWER OF TAXATION—not to be surrendered in 
orant, 13,6, -D. o12. 3 
PRACTICE IN COURTS—local.an1 special legisla- 
tion prohibited, 4, 25, p. 99. 
PREAMBLE—to constitution, 1, 1, p. 2. 
PRESIDENT OF SENATE—who is, 5, 15, p. 181. 
pro tempore, when to act as governor, 5, 15, p. 
Tou: 
PRESIDING JUDGE —to be chosen, 6, 6, p. 170. 
duties of, 6, 6, p. 170. 
PRESS—liberty of, secured, 1, 9, p. 11. - 
PRIMARY ELECTIONS—provision for, 2, 2%, p. 58. 
PRINCIPAL PLACE OF BUSINESS—of corpora- 
tions to be maintained, 12, 14, p. 284. 
PRINTING—bills to be printed, 4, 15, p. 81. 


INDEX TO CONSTITUTION OF 1879. 613 


PRISON DIRECTORS—See State Prison Directors. 
PRIVILEGE—from arrest, of members of legislature, 
Art. 4, See. 11, p. 80. 
of electors on election day, 2, 2, p. 57. 
PRIVILEGES AND IMMUNITIES—of citizens, 1, 21, 
p. dL. 
cannot be granted by special act, 4, 25, p. 99. 
reservation of power in legislature to revoke or 
repeal, 1, 21, p. 51. 
See Immunities. 
PROBATE MATTERS—appellate jurisdiction in su- 
preme court, 6, 4, p. 144. 
original jurisdiction in superior court, 6, 5, p. 154. 
PROCESS—privilege of member of legislature from, 
4, 11, p. 80. 
of supreme court, 6, 4, p. 144. 
of superior courts, extent of, 6, 5, p. 154. 
style of, 6, 20, p. 185. 
power of railroad commissioners to issue, 12, 22, 
p. 289. 
to compel fixing of water rates, 14, 1, p. 321. 
PROCLAMATION—for special session of legislature, 
dD, 9, p. 130. 
on revision of constitution, 18, 2, p. 338. 
on computation of votes on new constitution, 22, 
9, p. 365. 
PROFESSION—sex not to disqualify from pursuit 
of, 20, 18, p. 352. 
PROHIBITION—jurisdiction of supreme CUE, 6, 4, 
p. 144. 
of superior courts, 6, 5, p. 154. 
certain writs may be served on holidays and non- 
judicial days, 6, 5, p. 154. 
of introduction of Chinese, 19, 4, p. 342. 
PROHIBITORY—provisions of constitution, when, 1, 


22). 4." 52. 

PROMOTION—of intellectual improvement, 9, 1, p 
192. 

PROPERTY—right to acquire, possess, and defend, 
ery ZT. 


persons not to be deprived of without due pro- 
eess of law, 1, 13, p. 17. 
not to be taken or injured for public use, etc., I, 
14, p. 31. 
Constitution—5? 


614 INDEX TO CONSTITUTION OF 1879. 


PROPERTY—cannot be exempted by special Aree 
tion, Art. 4, Sec. 25, p. 99. 
liability to taxation, what includes, 18, 1, p. 194. 
PROPERTY QUALIFICATION—not to be required 
to vote or hold office, 1, 24, p. 538. 
PROSECUTIONS—to be conducted in name of peo- 
ple, 6, 20, p. 185. 
existing unaffected by adoption of new constitu- 
tion, 22, 2; p.. 361: 
right of trial by jury secured, 1, Tee 
rights of party accused, 1, 13, p. 17. 
PROTECTION—from alien paupers, criminals, etc., 
19, 1, p. 340. 
PROVISIONS OF OO eee and 
prohibitory, 1, 22, p. 52. 
See Constitution; State Constitutions. 
PUBLIC DEBTS—private property not to be taken 
for, 11, 15, p. 258. 
PUBLIC FUNDS—statement of receipts and ex- 
penses to be published, 4, 22, p. 88. 
to be deposited with treasurer, 11, 16, p. 258. 
making profit on, or using, a felony, 11, 17, p. 
259. 
PUBLIC GRANTS—power to tax not to be surren- 
dered or suspended, 18, 6, p. 352. 
PUBLIC GROUNDS-—special legislation prohibited, 
4, 25, p. 99. 
PUBLIC IMPROVEMENTS—in cities, how to be 
made, 11, 19, p. 265. 
PUBLIC OFFICERS—when not to receive extra 
compensation, 4, 32, p. 119. 
PUBLIC SAFETY—suspension of writ of habeas : 
corpus, 1, 5, p. 7 
PUBLIC SCHOOLS—legislature to provide a system 
of, 9, 5, p. 194. 
what to include, 9, 6, p. 195. 
property exempt from taxation, 13, 1, p. 294. 
PUBLIC USE—in eminent domain defined, p. 195. 
legislative discretion, p. 196. 
water rights declared for, 14, 1, p. 321. 
PUBLIC WORKS—on streets of city, provisions con- 
eerning, 11, 19, p. 265. 
Chinese prohibited from employment on, 19, 3, 
p. 341. 


INDEX TO CONSTITUTION OF 1879. 615 


PUBLIC WORKS—eight hours to constitute a day’s 
work, Art. 20, Sec. 17, p. 352. 
PUBLICATION—of proceedings of each house, 4, 10, 
p. 79. 
of receipts and expenditures at each session, 4, 
22, p. 88. 
of all laws and official writings to be in English, 
4, 24, p. 92. 
of judicial decisions, 6, 16, p. 182. 
of proposed city charter, 11, 8, p. 227. 
of rates of fares and freights, 12, 22, p. 289. 
of proposed amendments to constitution, 18, 1, p. 


337. 
PUNISHMENTS—cruel and unusual, prohibited, 1, 
ea se ts 
for extortion in rates of fares and freights, 12, 
22, p.- 289. ; 


QUALIFICATION—of voters, 2, 1, p. 54. 

property not essential to, 1, 24, p. 53. 

of members of legislature, 4, 4, p. 74. 

each house to judge of, 4, 7, p. 77. 

of governor, 5, 3, p. 125. 

of lieutenant-governor, 5, 15, p. 131. 

of justices of supreme court, 6, 23, p. 186. 

of judges of superior courts, 6, 23, p. 186. 

declaration or test not required, 20, 3, p. 345. 

for office of public trust, 20, 3, p. 345. 

for office of county commissioner, 12, 22, p. 289. 
QUARTERING OF SOLDIERS—provisions concern- 

tt et Deel T. . 

QUORUM—majority of house to constitute, 4, 8, p. 


78 
less may adjourn and compel attendance, 4, 8, p. 
78. 
QUO WARRANTO—power of superior court, 6, 5, p. 
154. 


RAILROAD COMMISSIONERS—use of free passes 
on railroads, 12, 19, p. 288. 
to be elected, 12, 22, p. 289. 
salary and term of office, 12, 22, p. 289. 
qualification of, 12, 22, p. 289, 


616 INDEX TO CONSTITUTION OF 1879. 


RAILROAD COMMISSIONERS—not to be interested 
in any transportation company, Art. 12, Sec. 22, 
p. 289. 

as stockholder, creditor, agent, or employee, 12, 
22, p. 289. 

powers and duties of, 12, 22, p. 289. 

to prescribe uniform system of keeping accounts, 
12) e223 apsrece: 

to fix rates of fares and freights, 12, 22, p. 289. 

and publish the same from time to time, 12, 22, 
p. 289. 

rates fixed by them to be deemed fair and rea- 
sonable, 12, 22, p. 289. 

to examine books, ete., of transportation com- 
panies, 12, 22, p. 289. 

to hear and determine complaints, 12, 22, p. 289. 

to enforce decisions and correct abuses, 12, 22, 
pu 289. 

to report to governor annually, 12, 22, p. 289. 

legislature may confer further powers, 12, 22, p. 


289. 

or may remove one or more of them, 12, 22, p. 
289. 

vacancies may be filled by governor, 12, 22, p. 
289. 


appointee, term of office of, 12, 22, p. 289. 
first election of districts allotted, 12, 23, p. 293. 
RAILROAD COMPANIES—may connect at state line 

with foreign corporations, 12, 17, p. 286. 

may intersect, connect, or cross other railroads, 
L201 pe 286. 

delay and discrimination prohibited, 12, 17, p. 
286. 

officer, agent, or employee not to be interested in 
furnishing with materials and supplies, 12, 18, 
De 287: 

nor when leased, 12, 18, p. 287. 

not to grant free passes to state officials, 12, 19, 
p. 288. 

or passes or tickets at a discount, 12, 19, p. 288. 

not to combine with carriers to share earnings 
in certain cases, 12, 20, p. 288. 

rates when lowered cannot be raised without 
consent of government, 12, 20, p. 288. 


\ 


INDEX TO CONSTITUTION OF 1879. 617 


RAILROAD COMPANIES—government to regulate 
fares and freights, Art. 12, Sec. 20, p. 288. 
no discrimination between places or persons, 12, 
21, p. 289. 
fares and freights to any station not to exceed 
those to a more distant station, 12, 21, p. 289. 
excursion and commutation tickets at special 
rates, 12, 21, p. 289. 
state to be divided into three railroad districts, 
12, 22, p. 289. 
and commissioners elected for each, 12, 22, p. 
289. 
fine for failure to comply with regulations. of 
commissioners, 12, 22, p. 289. 
fine and imprisonment of officers of company, 12, 
22, p.: 289. 
exemplary damages for excessive charges, 12, 22, 
Dp. 289. 
temporary districts, 12, 23, p. 293. 
legislature to enforce provisions, 12, 24, p. 298. 
property of, how assessed, 13, 10, p. 318. 
apportionment of values, 18, 10, p. 318. 
RAILROAD DISTRICTS—state to be divided into 
three, 12, 22, p. 289. 
temporary allotment, 12, 238, p. 2938. 
RAILROADS—how assessed for taxation, 13, 4, p. 
3U8. 
RATES OF CHARGES—by. corporations, regulatior. 
of,1'4,-33; p. 121. 
on railroads, provisions concerning, 12, 20, p. 288. 
to be fixed by railroad commissioners, 12, 22, p. 
289. 
REAL ACTIONS—where to be brought, 6, 5, p. 154. 
REAL ESTATE—restriction on tenure by corpora- 
Hon. 12, 9) p.. 281: 
REBELLION OR INVASION—suspension of habeas 
corpus, 1, 5, p. 7. 
power of governor to suppress or repel, 8, 1, p. 
190. 
RECEIPTS AND EXPENDITURES—to be published 
with laws, 4, 22, p. 88. 
RECESS OF LEGISLATURE —restriction, payment 
of members, 4, 14, p. 81. 


618 INDEX TO CONSTITUTION OF 1879. 


RECOGNIZANCES—obligations, ete., unaffected by 
adoption of new constitution, Art. 22, Sec. 2, 
p. 361. 

RECOMMENDATIONS—to be made by governor at 
every session, 5, 10, p. 1380. 

RECORD —of official acts to be kept by secretary of 
state, 5, 18, p. 534. 

to be kept by railroad companies, 12, 22, p. 289. 
RECORDER OF DEEDS—duty as to city charters, 


1157S," pesca: 
-REDRESS OF GRIEVANCES-—tright of petition, 1, 
LODZ: 


REVORMATORY INSTITUTIONS — legislature to 
prescribe rules, 10, 2, p. 205. : 
REGULATION—of court practice, special legislation 
prohibited, 4, 25, p. 99. 
of rates of telegraph, gas, ete., companies, 4, 33, 
Doak 
of fares and freights on railroads, 12, 22, p. 289. 
REGISTRAR—of voters, in San Francisco, duty of, 
22, 6, p. 364. 
RHELATION—of state to American Union, 1, 3, p. 5. 
RELEASE OF DEBT OR OBLIGATION — special 
legislation prohibited, 4, 25, p. 99. 
RELIGION—free exercise of secured, 1, 4, p. 6. 
test of not to apply to witness or juror, 1, 4, p. 
6 


aid to private corporations and institutions pro- 
hibited, 4, 22, p. 88. 
aid to sect and creed prohibited, 4, 30, p. 116. 
RELIGIOUS FREEDOM—guaranteed, 1, 4, p. 6. 
RELIGIOUS SECT—appropriations prohibited, 4, 30, 
p“1i6. 
RELIGIOUS TEST—not required of witness or 
juror, 1, 4, p. 2. 
RELIGIOUS WORSHIP—property used for, exempt 
from taxation, 13, 114, p. 307. 
REMEDIES—when cannot be impaired, p. 438. 
REMOVAL—of judicial officer, 6, 10, p. 1386. 
of Chinese from cities or towns, 19, 4, p. 342. 
of supreme court reporter, 6, 21, p. 186. 
of presiding judge in San Francisco, 6, 6, p. 170. 
REPRESENTATION—in legislature, 4, 6, p. 75. 


INDEX TO CONSTITUTION OF 1879. 619 


REPORTER OF SUPREME COURT —appointment 
of, Art. 6, Sec. 21, p. 186. 
salary and term of office, 6, 21, p. 186. 
REPRIEHVES—power of governor to grant, 7, 1, p. 
188. 
RESERVED RIGHTS—of the people, 1, 23. p. 53. 
RESIDENCE—for purpose of voting, what not to af- 
fect, 2, 4, p. 59. 
not affected by absence on public business, 20, 
12, p. 349. 
RESIGNATION—of governor, who to act, 5, 16, p. 
12: 
RETROSPECTIVE STATUTEHS—validity of, p. 45. 
RETURN—of bill by governor, 4, 16, p. 82. . 
RHTURNS OF .ELECTION—for Sneetpor, 5, 4, p. 125. 
on revision of constitution, 18, 2, p. 338. 
REVENUE AND TAXATION—138, 1, p. 294. 
property to be taxed in proportion to its value, 
13,91, p. 204. 
property to include money, credits, bonds, ete., 
ae 1; p. 294. 
what property exempt, 18, 1, p. 294. 
deduction from credits of debts due residents of 
state, 13, 1, p. 294. 
lands and a Oye to be separately as- 
sessed, 18, 2, p. 308. 
lands similarly situated and of equal value to be 
assessed at same value, 13, 2, p. 308. 
to be Satan by sections and fractions of sec- 
tions, 138, 3, p. 308. 
mortgage, aed. ‘of trust, ete., deemed | an interest 
in property, 13, 4, p. 308. 
exceptions in faylPof railroads and other quasi 
corporations, 13, 4, p. 308. 
tax a lien on property and securities, 138, 4, p. 308. 
if paid by owner of security, becomes part of 
debt, 13, 4, p. 308. 
if paid by owner, to be deducted from secured 
debt, 18, 4, p. 308. 
contracts by debtor to pay tax on the security 
void, 13, 5, p. 311. 
power to tax not to be surrendered or suspended, 
TaeOy: Pcl. 


620 INDEX TO CONSTITUTION OF 1879. 


REVENUE AND TAXATION—legislature may pro- 
vide for payment by installments, Art. 13, Sec. 
M5 De “OLe, 
See Assessment; Taxation. 
REVISION OF CONSTITUTION—18, 1, p. 337. 
two-thirds vote of each house necessary to com- 
mand, 18, 2, p. 338. 
convention for revision, when to be elected, 18, 
2 Be Saas ; 
of what to consist, 18, 2, p. 338. 
delegates, when to meet, 18, 2, p. 338. 
result to be submitted to vote of people, 18, 2, p. 
338. 
returns and proceedings thereon, 18, 2, p. 338. 
executive to declere result, 18, 2, p. 338. 
majority of votes required to ratify, 18; 2, p. 338. 
RIGHTS—inalienable, 1, 1, p. 2. 
of witnesses, 1, 6, p. 7. 
tospall 16, pe ie 
right of free assemblage, 1, 10, p. 12. 
of accused in criminal proceedings, 1, 138, p. 17. 
of foreign residents, 1, 17, p. 48. 
of security from search and seizure, 1, 19, p. 50. 
enumeration not to impair others retained, 1, 238, 
Dp. 93. 
right of suffrage, 2, 1, p. 54. 
Chinese excluded from, 2, 1, p. 54. 
privilege of electors, 2, 2, p. 57. 
from military duty, 2, 3, p. 59. 
RIGHT OF WAY—appropriation of, 1, 14, p. 31. 
on navigable waters not to be obstructed, 15, 2, 
p. 328. 
ROADS—local and special legislation prohibited, 4, 
Boe ses 
RULES OF PROCEEDING—each house to regulate, 
4, 9, p. 79. 


SABBATH—power to “regulate observance of, pp. 
4, 6. 
SACRAMENTO—the seat of government, 20, 1, p. 
343. 
two superior judges to be elected, 6, 6, p. 170. 
salary of, 6, 17, p. 182. 
SAFETY AND HAPPINESS—right to pursue, 1, 1, 
D2. 


INDEX TO CONSTITUTION OF 1879. 621 


SALARIES—of officers, special legislation prohibited, 
Art. 4, See. 25, p. 99. 
of governor, 5, 19, p. 134. 
of certain officers to be fixed by legislature, 5, 19, 
p. 134. 
of justices of supreme court, 6, 17, p. 182. 
to be paid by state, 6, 17, p. 182. 
of judges of superior court, 6, 17, p. 182. 
half to be paid by state and half by county, 6, 
a¢; p~ 182. 
of reporter of supreme court, 6, 21, p. 186. 
of justices and judges, conditions precedent to 
drawing of, 6, 24, p. 187. 
of superintendents of public instruction, 9, 2, D. 
198. 
of railroad commissioners, 12, 22, p. 289. 
SAN FRANCISCO—to have twelve superior judges, 
GGeip. 170. 
one to be chosen to preside, 6, 6, p. 179. 
salary of, 6, 17, p. 182. 
sessions of superior courts, 6, 6, p. 170. 
SANITARY REGULATIONS—city, county, or town 
may enforce, 11, 11, p. 242. 
SAN JOAQUIN—to have two superior judges, 6, 6, p. 
ha). 
salary. of,.iG6,- 17, p. 182. 
SANTA CLARA—to have two superior judges, 6, 6, 
De Li0. 
salary of, 6, 17, p. 182. 
SCHOOL DISTRICT—officers cannot be regulated by 
special laws, 4, 25, p. 99. 
prohibited from aiding religious sect or creed, 4, 
30, p. 116. 
restriction as to incurring indebtedness, 11, 18, 
Dp. 259. 
SCHOOL FUNDS—proceeds of land sold, ete., to con- 
stitute, 9, 4, p. 193. 
applied exclusively to primary and grammar 
schools, 9, 6, p. 195. 
poll tax to be paid into, 18, 12, p. 320. 
SCHOOL LANDS—sale of, 9, 4, p. 193. 
SCIENTIFIC IMPROVEMENT —to be promoted, 9; 
Peeper LOZ. 
SEAL OF STATE—in custody of governor, 5, 18, p. 
131. 


622 INDEX TO CONSTITUTION OF 1879. 


SEARCHES AND. SEIZURES—unreasonable prohib- 
ited, Art. 1, Sec. 19, p. 50. 
warrant to issue only on probable cause, 1, 19, p. 
50. 
SEAT OF GOVERNMENT —at Sacramento, 20, 1, p. 
3438. 
provision for change of, 20, 1, p. 348. 
SECRETARY OF Sa meas to impeachment, 
4, 18, p. 85. 
to countersign grants and commissions, 5, :14, p. 
131. 
mode and time of election of, 5, 17, p. 183. 
term of office, 5, 17, p. 183. ‘ 
to keep record of oflicial acts, 5, 18, p. 134. 
duties of, 5, 18, p. 1384. 
compensation for services, 5, 19, p. 134. 
duty as to city charters, 11, 8, p. 134. 
to canvass returns on revision of constitution, 18, 
2, p. 338. ? 
to furnish paper for ballots for new constitution, 
22, ,y Pees 
SECTARIAN INFLUENCES — university excluded 
from;"9OF Ope ioe 
SECTARIAN PURPOSES — appropriations prohib- 
ited, 4, 30, p. 116. 
SECTARIAN SCHOOLS—to receive no public aid, 
9,° 8, Dp: 199. 
SECURITIES—taxation of, 13, 4, p. 308. 
how assessed, 13, 4, p. 308. 
contract of debtor to pay tax void, 18, 5, p. 311. 
SECURITY—from unreasonable searches and seiz- 
ures, 1, 19, p. 50. 
SEIZURES—unreasonable prohibited, 1, 19, p. 50. 
SENATI—legislative powers vested in, 4, 1, p. 67. 
number ot members of, 4, 5, p. 74. 
a court of impeachment, 6, 1, p. 137. 
may remove justices or judges, 6, 10, p. 175. 
SENATORS—when and how chosen, 4, 4, p. 74. 
term of office, 4, 4, p..74. 
number of 4, 5, p. 74. 
allotment of, 4, 5, p. 74. 
to try all impeachments, 6, 1, p. 137. 
to be on oath, 4, 17, p. 84. 
for what offices disqualified, 4, 19, of 86. 
to be under oath or affirmation, 6, 1, p. 137. 


INDEX TO CONSTITUTION OF 1879. 623 


SENATOR OF UNITED STATES—governor dis- 
qualified for, Art. 5, Sec. 20, p. 135. 
SENATORIAL AND ASSEMBLY DISTRICTS—divi- 
sion of state, 4, 6, p. 75. 
SENTENCE—power of governor to suspend execu- 
tion of. 7, 1, p. 188. 
SEPARATE PROPERTY—of husband and wife, 20, 
8, p. 347. 
SERVANT OF STATH—not to receive extra compen- 
_ gation, 4, 32, p. 119. 
SESSIONS OF LEGISLATURE—when to commence, 
Grete, par 73: 
limitation of, 4, 2, p. 73. 
to be open, except, 4, 13, p. 81. 
of superior courts, 6, 7, p. 1738. 
of superior courts in San Francisco, 6, 6, p. 170. 
SEX—not to disqualify for pursuit of lawful busi- 
ness, 20, 18, p. 352. 
not to disqualify for admission into colleges, 20, 
18, p! 352: 
not to debar from admission to university, 9, 9, 
De 199; 
SHARES OF STOCK—contracts for sale on margin 
void, 4, 26, p. 112. 
legislature may regulate purchase and sale of, 
S266 pet 112: 
SHERIFF —legislature to provide for election of, 11, 
Hep 218: 
SINKING FUND—to be created to meet interest and 
debts, 11, 18, p. 259. 
SLAVERY—prohibited, 1, 18, p. 50. 
coollieism declared a form of, 19, 4, p. 342. 
SOLDIERS—not to be quartered in time of peace, 


Pet 2s 17. 
SONOMA-—-two superior judges to be elected, 6, 6, p. 
170. 


salary of judges, 6, 17, p. 182. 

SPEAKER OF ASSEMBLY—duty on election re- 
turns for governor, 5, 4, p. 125. 

SPEECH—liberty of secured, 1, 9, p. 11. 

SPECIAL ACTS—prohibited in certain cases, 4, 25, 
pi 9d: 

SPECIAL ASSESSMENTS—for city improvements, 
PieLoOy ps 265. 


624 INDEX TO CONSTITUTION OF 1879. 


SPECIAL COMMISSION—powers not to be delegated 
to, Art. 11, ‘Sec. 13, p. 256. 
SPECIAL LEGISLATION—in certain matters pro- 
hibited, 4, 25, p. 99. 
prohibited where general laws apply, 4, 25, p. 99. 
SPECIAL PRIVILEGES AND . IMMUNITIES— 
restriction on grant, 1, 21, p. 51. 
when validity to cease, 12, 6, p. 280. 
SPECIAL RIGHTS—cannot be. granted by special 
acts, 4, 25, p. 99. 
SPECIAL SESSIONS—of legislature, how convened, 
5,2 O88: 
power to act in, 5, 9, p. 129. 
SPECIAL STATUTE—not to create municipal cor- 
poration, 11, 6, p. 218. 
STANDING ARMY—not to be kept in time of peace, 
1, 42, pAli: 
STATE—a part of the Union, 1, 3, p. 5. 
police powers of, p. 71. 
subdivision into senatorial and assembly districts, 
4, 6, p. 75. 
authority over institutions supported by state aid. 
4, 22, p. 88. 
prohibited to subscribe for corporation stock, 4, 
$1, pH lie} 
not to loan its credit, 12, 13, p. 283. 
nor subscribe for corporation stock, 12, 13, p. 283. 
to be divided into three railroad districts, 12, 22, 
p. 289. 
property of exempt from taxation, 13, 1, p. 294. 
to replace university fund, 9, 9, p. 199. 
counties as subdivisions of, 11, 1, p. 298. 
division into railroad districts, 12, 22, p. 289. 
control of water rights, 14, 1, p. 321. 
suits against, 20, 6, p. 347. 
boundary of, 21, 1, p. 355. 
STATE BOARD OF EQUALIZATION—constitution 
of, 18, ¥9, p. 318. 
election, qualification, and term of office, 13, 9, p. 
3138. ’ 
duties of office, 18, 9, p. 313. 
to assess railroads and their property, 18, 10, p. 
318. 


INDEX TO CONSTITUTION OF 1879. 625 


STATE BOARD OF HEALTH —legislature to pro- 
vide for, Art. 20, Sec. 14, p. 349. 

STATH CONSTITUTIONS—defined, p. vii. 
interpretation and construction, p. vii. 
construction of terms, p. Vii. 
provisions, mandatory and prohibitory, 1, 22, p. 

52. 
STATE CONTRACTS—power of eed Oe not to be 
surrendered, 13, 6, p. 312. 
STATE INDEBTEDNESS—trestriction on newer of 
legislature, 16, 1, p. 330. 
limit to aggregate debt, 16, 1, p. 330. 
provisions to be made to pay interest, 16, 1, p. 
330. 
as well as for principal, 16, 1, p. 330. 
provisions as to laws creating debts, 16, 1, p. 330. 
STATE INSTITUTIONS AND PUBLIC BUILD- 
INGS—alone entitled to appropriations, 10, 1, 
p. 204. 
STATE LANDS—to be granted only to actual set- 
tiers) 17, 3, p. 334. 
parcels not to exceed three hundred and twenty 
acres, 17, 3, p. 334. 
STATEH OFFICERS—subject to impeachment, 4, 18, 
p. 8d. 
election and term of office, 5, 17, p. 183. 
compensation of, 5, 19, p. 1384. 
not to accept free passes on railroads, 12, 19, p. 
288. 
STATE PRISON 'DIRECTORS—board of, 10, -1, p. 
204. 
of whom to consist, 10, 1, p. 204. 
term of office, 10, 1, p. 204. 
classification of, 10, 1, p. 204. 
term of appointee to vacancy, 10, 1, p: 204. 
to have charge of state prison, 10, 2, p. 205. 
duties of, 10, 2, p. 205. 
to appoint warden and clerk, 10, 3, p. 205. 
or remove them for cause, 10, 3, p. 205. 
no compensation other than expenses incurred, 
10, 4, p. 205. 
powers and duties to be regulated by law, 10, 5, 
p. 206. 
convict labor to be regulated, 10, 6, p. 206. 
Constitution—53 


626 INDEX TO CONSTITUTION OF 1879. 


STATE SCHOOL TAX—to be applied exclusively to 
primary and grammar schools, Art. 9, Sec. 6, 
p. 195. 
STATE TAX ES—municipal corporations not te be re- 
leased, 11, 10, p. 241. 
See Revenue and Taxation. 
STATEMENT OF RECEIPTS AND EXPENDI- 
TURES TO BE PUBLISHED~4, 22, p. 88. 
of taxable property to be made, 138, 8, p. 312. 
STATUTES—enacting clause of, 4, 1, p. 67. 
validity of, p. x. 
in part invalid, p. xiv. 
power to declare unconstitutional, p. x. 
creating state debts, provisions in, 16, 1, p. 330. 
constitutionality. of, p. xiv. 
STOCK OK CORPORATIONS—state peautiea 
from subscribing for, 4, 31, p. 116. 
not to be issued except for money, labor, ete., 
12eo1 eit ee: 
fictitious increase to be void, 12, 11, p. 282. 
state not to be interested in, 12, 138, p. 288. 
office to be maintained for transfer of, 12, 14, 
p. 284. 
subject to assessment for taxation, 13, 1, p. 294. 
STOCK BOARD—legislature to control sales of 
stock, 4, 26, p. 112. 
STOCK HXCHANGE—to be subject to control of 
legislature, 4, 26, p. 112. 
STOCK MARK ET—legislature to control sales of 
stocks, 4, 26, p.,112. 
STOCKHOLDER—incompetent to appointment to 
regulate charges, 4, 33, p. 121. 
individual and personal liability of, 12, 3, p. 274. 
rights on voting for managers or directors, 12, 
129 paecos: 
to have free access to books, etec., of corporation, 
12, 14, ‘p. 284. 
STOCK OR BONDS—of corporation, restriction on 
issue, 12, 11, p. 282. 
fictitious increase void, 12, 11, p. 282. 
STOCKHOLDERS—subscription to be kept in 
books, 12, 14, p. 284. 
STOCKS—taxable, 13, 1, p. 294. 
STORAGH—charges to be regulated by legislature, 
4, 38, p. 121. 
STREET ASSESSMENTS—pp. 29, 40, 268. 


INDEX TO CONSTITUTION OF 1879. | 627 


STREETS—proceedings for improvement of, Art. 11, 
Sec. 19, p. 265. 
estimate of costs and expenses, 11, 19, p. 265. 
aoe as in proportion to benefits, 11, 19, p. 
‘a 
to be first collected and paid into treasury, 11, 
102 p,, 265. 
may be ‘used by gas and water companies, 11, 
#9, °p2" 205. 
municipality to regulate rates for gas and water, 
Berne: Dp. 265. 
STREETS AND ALLEYS—local and special legisla- 
tion prohibited, 4, 25, p. 99. 
STUDENT—absence not to prejudice right to vote, 
24. p. 59. : 
STYILE—of process, 6, 20, p. 185. 
SUBJECT OF ACT—to be embraced in title, 4, 24, 
p. 92. 
SUBSCRIPTION—to stock to be entered on books, 
42°14; p: 81. 
SUCCHSSION—special legislation prohibited, 4, 25, 
p. 99. 
SUFFRAGE-—right to, who entitled, 2, 1, p. 54. 
who prohibited, 2, 1, p. 54. 
privilege of electors, 2, 2, p. 57. 
persons convicted of crimes disqualified from, 
20, 11, p. 348. 
freedom of, to be protected, 20, 11, p. 348. 
SUITS AGAINST STATE—subject to direction of 
law, 20, 6, p. 347. 
SUNDAY LAWS—power of state to enact, pp. 4, 6. 
SUPERINTENDENT OF PUBLIC INSTRUCTION 
—an executive officer, 9, 3, p. 193. 
to be elected, 9, 8, p. 198. 
when elected, 22, 10, p. 366. 
salary, when to enter on office, 9, 2, p. 193. 
SUPERINTENDENT OF PRINTING—to furnish 
copies of new constitution, 22, 4, p. 362. 
to furnish ballots for, to county clerks, 22, 5, p. 
363. 
SUPERINTENDENT OF SCHOOLS—for county, 
election of, 9,-3, p. 198. 
two or more counties may unite, 9, 3, p. 193. 
SUPERINTENDENT OF STREETS—control of use 
of streets, 11, 19, p. 265. 


628 " INDEX TO CONSTITUTION OF 1879. 
SUPERIOR COURT —invested with judicial power, 
Art. 6, See. 1, p. 187. 
appellate jurisdiction of, 6, 5, p. 154. 
jurisdiction of, 6, 5, p. 154. 
power of naturalization, 6, 5, p. 154. _ 
appellate jurisdiction from justice’s court, 6, 5, 
p. 154. 
always open, certain days excepted, 6, 5, p. 154. 
may issue writs, 6, 5, p. 154. 
for each county, 6, 6, p. 170. 
judges may apportion business, 6, 7, p. 173. 
judges of different counties may interchange, 6, 
8, p. 174. 
provision of judge pro tempore, 6, 8, p. 174. 
judge pro tempore to be a member of the bar, 
6, 8, p. 174. 
to be a court of record, 6, 12, p. 180. 
to appoint commissioners, 6, 14, p. 181. 
salary of, when payable, 6, 17, p. 182. 
judges not eligible for other office, 6, 23, p. 187. 
not to practice law, 6, 22, p. 187. 
SUPERVISORS—legislature to provide for election 
of, alle 5: Disels: 
classification of, 11, 7, p. 225. 
constitute county boards of equalization, 13, 9, 
Diode: 
duties and authority of, 13, 9, p. 313. 
duty as to common schools, 9, 7, p. 196. 
as to examination of teachers, 9, 7, p. 196. 
to fix water rates, 14, 1, p. 321. 
compulsory process on failure, 14, 1, p. 321. 
SUPREME COURT—invested with judicial powers, 
Cee Dales bs 
to consist of chief justice and six justices, 6, 2, 
pn. 189. 
may sit in departments or in bank, 6, 2, p. 1389. 
to be always open, 6, 2, p. 1389. 
to be divided into departments one and two, 6, 
2 Dasha. 
justices to be assigned, 6, 2, p. 189. 
competent to sit in either department, 6, 2, p. 139. 
may freely interchange, 6, 2, p. 1389. 
each department to hear and determine causes, 
Gs actieDiachowes 
three justices necessary to act, 6, 2, p. 139. 


INDEX TO CONSTITUTION OF 1879. 629 


SUPREME COURT —justice may act at chambers, 

Art. 6, Sec. 2, p. 139. 

concurrence of three necessary to judgment, 6, 
2, Pp. 139. 

chief justice to apportion business, 6, 2, p. 139. 

may order question heard in bank, 6, 2, p. 139. 

either before or after judgment, 6, 2, p. 139. 

order to be made within thirty days, 6, 2, p. 1389. 

and concurred in by two justices, 6, 2, p. 139. 

its effect is to vacate judgment, 6, 2, p. 139. 

four justices may order hearing in bank, 6, 2, p. 
139. 

judgment final if order not made in time, 6, 2, p. 
139. 

judgment by department not final till thirty days, 
Gia, op. 138. 

unless approved by chief justice and two jus- 
tices, 6, 2, p. 139. 

chief justice may convene court in bank at any 
time, 6, 2, p. 139. 

to preside, 6, 2, p. 139. 

concurrence of four necessary for judgment, 6, 
26 D.4189. 

if four do not concur all qualified must sit, 6, 2, 
D.- 138. 

and concurrence of four necessary to judgment, 
Has 139; 

decisions in all cases to be in writing, 6, 2, p. 139. 

and grounds to be set forth, 6, 2, p. 189. 

chief justice may preside in either department, 


6, 2, p. 139. 
justices assigned to select one to preside, 6, 2, p. 
139. 


when may select chief justice, 6, 2, p. 139. 

when chief justice and justices to be elected, 6, 
3, p. 1438. 

term of office, 6, 3, p. 148. 

justices first elected to classify by lot, 6, 3, p. 
143. 

so as to vacate two seats every four years, 6, 3, 
p. 148. 

entry of classification on minutes, 6, 3, p. 143. 

pie be filed with secretary of state, 6, 3, p. 
143, 


630 INDEX TO CONSTITUTION OF 1879. 


SUPREME COURT—in case of vacancy governor to 
appoint, Art. 6, Sec. 3, p. 148. 
first election under new constitution, 6, 3, p. 143. 
opinions to be published, 6, 16, p. 182. 
SURVEYOR GENEKAL—subject to impeachment, 
4, 18, p. 85. 
mode and time of election, 5, 17, p. 183. 
compensation of, 5, 19, p. 1384. 
legislature may abolish office, 5, 19, p. 184. 
SUTTER—a superior judge to be decree , 6, p. 170. 
salary of judge, 6, 17, p. 182. 


TAX—appellate jurisdiction of supreme court, 6, 4, 

p. 144. 

original jurisdiction of superior court, 6, 5, D- 
154. 

commutation of prohibited, 11, 10, p. 241. 

assessment and collection by municipal corpora- 
tions, 11;) L2;epy 252: 

TAXATION—local and special legislation prohibited, 

4, 25, p. 99. 

property cannot be exempted by special acts, 4, 
25, p. 99. 

assessment of revenue under tornakip organiza- 
tion, 11, 4, p. 211. 

for inunicipal purposes, restriction of legislature, 
11125 Diebes 

municipal corporations may be invested with 
powers of, 11, 12, p. 252. 

to be in proportion to values, 13, 1, p. 328. 

what property taxable, p. 297. 

valuation of property, p. 302. 

for public improvements, p. 299. 

assessment according to value, p. 302. 

exemption from, p. 300. 

licenses, pp. 250, 254. 

land and improvements to be separately as- 
sessed, 18, 2, p. 308. 

of sectionized and unsectionized ia 13, 3, p. 
308. 

securities taxable, 13, 4, p. 308. . 

a lien on property and securities, 18, 4, p. 308. 

contract to pay tax on loan void, 138, 5, p. 311. 

power of, cannot be surrendered in grant or con- 
tract, Vidg,7Gs pele: 


INDEX TO CONSTITUTION OF 1879. 631 


TAXATION—payment by installments, Art. 13, See. 


7 DP; B12. 

sworn statement to be given annually, 13, 8, p. 
312. 

of property held at a certain day and hour, 18, 
SD. 312. 

state board of equalization to be elected, 138, 9, 
p. 318. 

county board of equalization, who constitute, 18, 
ih alo: 


duties of board, 13, 9, p. 318. 
property, where assessed, 13, 10, p. 318. 
state board to assess property of railroads in 
more than one county, 13, 10, p. 318. 
and apportion amount among the counties, 13, 
ROSS, -o.L5. 
in proportion to number of miles in each, 13, 10, 
p. 318. 
income taxes may be assessed, 138, 11, p. 320. 
annual poll tax may be levied, 138, 12, p. 320. 
legislature to carry out constitutional provisions, 
18, 18, p. 320. 
See Assessment; Revenue and Taxation. 
TAXPAYER—statement, when to be made, 13, 8, p. 
312. 
TRACHHRS—examination under control of local 
boards, 9, 7, p. 196. 
- certificates on examination, 9, 7, p. 196. 
TECHNICAL SCHOOLS—may be established, 9, 6, 
p. 196. 
TELEGRAPH COMPANIES—legislature may regu- 
late charges, 4, 33, p. 121. 
THN DAYS—after session given for approval of bill, 
4, 16, p. 82. 
TERM OF OFFICHK—of assemblymen, 4, 3, p. 73. 
of senators, 4, 4, p. 74. 
of governor, 5, 2, p. 125. 
ot lieutenant-governor, 5, 15, p. 181. 
of state officers, 5, 17, p. 183. 
of justices of supreme court, 6, 3, p. 148. 
of judges of superior courts, 6, 6, p. 170. 
of superintendent of public instruction, 9, 2, p. 
193. 
of county superintendent of schools, 9, 3, p. 193. 
of state prison directors, 10, 1, p. 204. 


632 INDEX TO CONSTITUTION OF 1879. 


TERM OF OFFICE—of county officers, Art. 11, See. 
Dat edae.. ls 
of city, county, and township officers, 11, 9, p. 
240. 
of county officers not to be extended, 11, 9, p. 
240. 
of railroad commissioners, 12, 20, p. 288. 
of state board of equalization, 18, 9, p. 213. 
not herein provided to be declared by law, 20, 16, 
Dp. 350. 
not to exceed four years under statute, 20, 16, 
p. 350. 
when to commence, 20, 20, p. 353. 
at first election, 20, 20, p. 353. 
TEST—not required as a qualification for office, 20, 


3, p. 3405. 

TESTIMONY—on prosecution for lobbying, 4, 35, p. 
or: 

TEXT-BOOKS—shall be adopted by local boards, 9, 
a, p. 196, 


not to be changed within four years, 9, 7, p. 196. 
THREE-FIFTHS VOTH—required to amend city 
charter, 11, 8, p. 227. 
TICKETS—in lottery, sale of prohibited, 4, 26, p. 112. 
on transportation lines not to be given at a dis- 
count, 12, 19, p..265. 
free tickets prohibited to state officers, 12, 19, 
p. 265. 
exception as to railroad commissioners, 12, 21, p. 
eS: 
TIDE LANDS—owners of not to exclude right of 
way over waters adjoining, 15, 2, p. 328. 
within two miles.of cities or towns to be with- 
held from sale or grant, 15, 3, p. 328. 
TITLE OF ACT—to express the subject, 4, 24, p. 92. 
TOLLS—appellate jurisdiction of supreme court, 6, 
4, p. 144. 
original jurisdiction of superior court, 6, 5, p. 
154. 
TORTS—imprisonment for,,45.15,,pHyale 
TOWN COUNCIL—to fix water rates aannAll 14, 
tL; p.. 321. 
TOWN GOVERNMENTS—>p. 212. 
ea PLATS—special legislation Prohipises, 4, 25, 
nets 


INDEX TO CONSTITUTION OF 1879. 633 


TOWNS—may make police or sanitary regulations, 
Art. 11, Sec. 11, p. 242. 
legislature may vest power of taxation in, 11, 
TZ). D. (202. 
to appoint inspection officers, 11, 14, p. 258. 
money collected to be paid into treasury, 11, 16, 
p. 258. 
restriction on power to incur debts, 11, 18, p. 259. 
provisions to be made for payment, 11, 18, p. 259. 
liabilities of, when void, 11, 18, p. 259. 
may protect themselves from alien paupers, 19, 
1, p. 340. 
may remove Chinese, 19, 4, p. 342. 
TOWNSHIPS—prohibited from giving or loaning 
credit, 4, 31, p. 116. 
legislature to provide for organization of, by 
general laws, 11, 4, p. 211. 
assessment and collection of revenue, 11, 4, p. 
211. 
election and appointment of officers, 11, 5, p. 218. 
may make police and sanitary regulations, 11, 11, 
p. 242. 
power of taxation may be delegated to, 11, 12, 
p. 252. 
TOWNSHIP OI. FICHRS—to be governed by general 
laws only, 4, 25, p. 99. 
THREE-FOURTHS OF JURY—may render verdict, 
Lott nela.s. 
TRANSFER—of corporation stock, where to be 
made, 12, 14, p. 284. 
TRANSMISSION—of property rights of foreigner, 1, 
17, p. 48. 
TRANSPORTATION COMPANIES —are common 
Carriers, 12, 17, p,. 286. 
right to connect with companies at state line, 
12, 17, p. 236. 
delay or discrimination prohibited, 12, 17, p. 286. 
supplies or materials not to be furnished by of- 
ficer or agent of company, 12, 18, p. 287. 
not to grant free passes to state officials, 12, 19, 
p. 288. 
acceptance of such a forfeiture of office, 12, 19, 
p. 288. 
exception as to railroad commissioners, 12, 19, p. 
288. 


634 INDEX TO CONSTITUTION OF 1879. 


TRANSPORTATION COMPANIES—combination be- 
tween prohibited, Art. 12, Sec. 20, p. 288. 
fares and freights once lowered cannot be raised 
without consent of government, 12, 20, p. 288. 
government has power to regulate fares and 
freights, 12, 20, p. 288. 
discrimination as to persons and places prohib- 
ited, 12, 21, p. 289. 
charges to way stations not to exceed charges 
to stations beyond, 12, 21, p. 289. 
excursion and commutation tickets may be at 
special rates, 12, 21, p. 289. 
state to be divided into three districts, 12, 22, p. 
289. 
a railroad commission to be elected, 12, 22, p. 289. 
salary and term of office, 12, 22, p. 289. 
qualification, and disqualification for the office, 
12, 22, p. 289. 
act of majority to be the act of all, 12, 22, p. 289. 
powers and duties of commission, 12, 22, p. 289. 
power to fix rates of fares and freights, 12, 22, 
p. 289. 
rates fixed deemed fair and reasonable, 12, 22, p. 
289. 
penalty for failure to conform to rates as fixed, 
12°22, pe2sy: 
imprisonment of officer, agent, etc., 12, 22, p. 289. 
exemplary damages recoverable, 12, 22, p. 289. 
TREASON—in what consists, 1, 20, p. 50. 
evidence necessary to convict of, 1, 20, p. 50. 
reprieve and pardon in case of, 7, 1, p. 188. 
TREASURER—subject to impeachment, 4, 18, p. 85. 
refunding moneys, special legislation prohibited, 
4, 25, p. 99. 
mode and time of election, 5, 17, p. 133. 
term of office, 5, 17, p. 188. 
compensation of, 5, 19, p. 134. 
to canvass returns on revision of constitution, 18, 


2, DP. 338. 
TREASURY—money, when and how drawn, 4, 22, p. 
88. 
members of legislature to be paid out of, 4, 23, 
De. Oks 


special statute cannot authorize refunding of 
money, 4, 25, p. 99. 


INDEX TO CONSTITUTION OF 1879. 635 


TRIAL BY JURY-—tright to, Art. 1, See. 7, p. 8. 
three-fourths may render verdict, 1, 7, p. 8. 
right te jury may be waived by consent, 1, 7, p. 8. 
in criminal cases not felonies, 1, 7, p. 8. 
no person to be twice in jeopardy of same of- 

tense, 1, 13, p. 17. 
nor compelled to be witness against himself, 1, 
13, poi: 

TRIAL FOR LIBEL—evidence in, 1, 9, p. 11. 

TRIAL OF IMPEACHMENT~4, 17, p. Sit 

TRUSTEEHS—of corporations and LORRI SE liable 

for embezzlement, 12, 3, p. 27 
TWO-THIRDS VOTE—required to pass bill over 

veto, 4, 16, p. 82. 

for conviction on impeachment, 4, 17, p. 84. 

for increasing or diminishing number of judges, 
6, 9, p. 174. 

for removal of justices and judges, 6, 10, p. 175. 

for removal of county seat, 11, 2, p. 208. 

on proposed amendments to constitution, 18, 1, 
p. 337. 

on revision of constitution, 18, 2, p. 338. 


se Beg eee os OL and void, 4, 
119. 
ee erreraD LANDS—at wher value assessed, 
13, '2, p. 808. 
UNDUE INIFLUENCEH—on elections prohibited, 20, 
11, p. 348. 
UNIFORM OPERATION OF GENERAL LAWS—1, 
LinDeblb. 
UNITED STATES—official incompetent to hold state 
office, 4, 20, p. 87. 
property exempt from taxation, 13, 1, p. 294. 
UNITED STATES SENATOR—-governor ineligible to 
: office of, 5, 20, p. 280. 
UNIVERSITY—appropriations, when prohibited, 4, 
30, p. 116. 
to constitute a public trust, 9, 9, p. 199. 
organization and government of, 9, 9, p. 199. 
legislative control over, 9, 9, p. 199. 
to be independent of political and sectarian con- 
Ete. oo, sD. 109. 
fund, how appropriated, 9, 9, p. 199. 
sex not to debar admission to, 9, 9, p. 199. 


636 INDEX TO CONSTITUTION OF 1879. 


USE OF STREETS—by gas and water companies, 
Art. 11, Sec. 19, p. 265. 
conditions of, 11, 19, p. 265. 


VACANCY—in legislature, how filled, 4, 12, p. 80. 
in office, when filled by governor, 5, 8, p. 126. 
in office of governor, how filled, 5, 15, p. 131. 
to fill vacancy in justices of supreme court, 6, 3, 
p. 143. 
in superior court, 6, 6, p. 170. 
of state prison directors, how filled, 10, 1, p. 204. 
in board of supervisors, by whom filled, 11, 7, 
p. 225. 
in office of railroad commission, 12, 22, p. 289. 
VALIDATING ACTS—of deeds, wills, etc., by special 
legislation, prohibited, 4, 25, p. 99. 
VALIDITY—of statutes, p. x. 
when in part invalid, p. xiv. 
See Statutes. 
VENUE-—special acts to change prohibited, 4, 25, p. 
99. 
VETO—power of governor, 4, 16, p. 285. 
two-thirds of members elected may pass Dill 
over, 4, 16, p. 82. 
VIVA VOCE—elections by legislature to be, 4, 28, 
p. 115. 
VOCATION—sex not to disqualify from following, 
20, 18, p. 353. 
VOTE—property qualification not to be required, 1, 
24, p. 53. 
qualification for right to, 2, 1, p. 54. 
to be by ballot, 2, 5, p. 60. 
on election by legislature to be viva voce, 4, 28, 
p. 115. 
and entered on journal, 4, 28, p. 115. 
on removal of county seat, 11, 2, p. 208. 
two-thirds required, 11, 2, p. 208. 
ou organization of county governments, 11, 4, p. 
21k: + 
on city charter, how taken, 11, 8, p. 227. 
three-fifths required, 11, 8, p. 227. 
corporations may cumulate or distribute, 12, 12, 


p. 283. 
to be taken on creation of state debt, 16, 1, p. 


390. 


‘INDEX TO CONSTITUTION OF 1879. 637 


VOTE—on proposed amendment to constitution, Art. 
18, See. 1, p. 337. 
on revision of constitution, 18, 2, p. 338. 
VOTPRS—property qualification not required, 1, 24, 
p. 53. 
who are and who are not, 2, 1, p. 54. 
privilege from arrest, 2, 2, p. 57. 
exemption from militia duty, 2, 3, p. 59. 
residence, test of, 2, 4, p. 59. 
persens convicted of certain crimes disfran- 
chised, 20, 11, p. 348. 


WAIVER —of right to trial by jury, 1, 7, p. 8. 
WARDEN OF STATE PRISON—appointment of, 10, 
3, p. 205. 
power to appoint officers and employees, 10, 3, 
p. 205. 
duties to be defined by legislature, 10, 5, p. 206. 
WARRANTS—of arrest, issuance of, 1, 19, p. 50. 
WATER —tright to introduce into cities, etc., 11, 19, p. 
265. 

WATER AND WATER RIGHTS—14, 1, p. 321. 
appropriation declared a public use, 14, 1, p. 321. 
subject to regulation and control of state, 14, 1, 

p. 321. 
rates to be fixed by supervisors annually, 14, 1, 
pp. Sal. 
order, when to take effect, 14, 1, p. 321. 
peremptory process on failure to fix rates, 14, 1, 
p. 321. - 
forfeiture of franchise for collecting other than 
established rates, 14, 1, p. 321. 
right to collect rates a franchise, 14, 2, p. 326. 
to be exercised under authority of law, 14, 2, p. 
326. 
WATER COMPANIES—in cities, right to regulate 
charges, 11, 19, p. 265. 
WATER FRANCHISE—when liable to forfciture, 
1 pe S21. 
WATER RATES—in cities and towns, to be fixed 
annually by supervisors, 14, 1, p. 321. 
forfeiture for excessive charges, 14, 1, p. 321. 
WATER WORKS—zground of forfeiture, 14, 1, p. 321. 
WATERING STOCKS—by fictitious increase, void, 
12, 11, p. 282. 


Constitution—}54 


638 INDEX TO CONSTITUTION OF 1879. 


WHARFAGE—charges to be regulated by legisla- 
tion, Art. 4, Sec. 33, p. 121. 
WITE--separate property of, 20, 8, p. 347. 
WILLS—cannot be validated by special acts, 4, 25, 
p.- 99. 
WITNESS—no religious restrictions, 1, 4, p. 6. 
not to be unreasonably detained, 1, 6, p. 7. 
nor confined with criminals, 1, 6, p. 7. 
deposition of in criminal casés, 1, 13, p. 17. 
right of accused to have, 1, 13, p. 17. 
no person to be compelled to testify against him- 
selind, 13. pelt. 
concurrence necessary in treason, 1, 20, p. 50. 
WRITS—appellate jurisdiction of supreme court, 6, 
4, p. 144. 
where returnable, 6, 4, p. 144. 
original jurisdiction of superior court, 6, 5, p. 154. 
unaffected by adoption of new constitution, 22, 
2,.p. 361. 


YEAS AND NAYS—to be taken on final passage of 
bills, 4, 15, p. 81. 
to be entered on minutes, 4, 15, p. 81. 
to be taken on vote on proposed amendments, 
18. 1p. pale 
YUBA—a superior judge to be elected, 6, 6, p. 170. 
salary of judge, 6, 17, p. 182. 








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ae 


vr R. G. McC 
MAN a 


3 | 
oe 
: McComiss 


SAR 
Ai eee 
JOSE, ca 


? 





WANA 





112 12017 


